Punjab-Haryana High Court
Kapurthala Improvement Trust vs Surinder Singh And Others on 22 September, 2011
Author: A.N. Jindal
Bench: A.N. Jindal
Civil Revision Nos. 1704, 1769 and 1774 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Date of decision:- 22.09.2011
(1) Civil Revision No. 1704 of 2009 (O&M)
Kapurthala Improvement Trust, Kapurthala
....Petitioner
Vs.
Surinder Singh and others
....Respondents
(2) Civil Revision No. 1769 of 2009
Kapurthala Improvement Trust, Kapurthala
....Petitioner
Vs.
Ms. Nasib Kaur and others
....Respondents
(3) Civil Revision No. 1774 of 2009
Kapurthala Improvement Trust, Kapurthala
....Petitioner
Vs.
Sh. Harbhajan Singh and others
....Respondents
CORAM: HON'BLE MR. JUSTICE A.N. JINDAL
Present:- Mr. G.S. Attariwala, Advocate,
for the petitioner.
Mr. J.S. Thind, Advocate,
for the respondent(s).
*****
A.N. JINDAL, J (ORAL)
Civil Revision Nos. 1704, 1769 and 1774 of 2009 2 This order shall dispose of Civil Revision Nos. 1704, 1769 and 1774 of 2009, all preferred by Improvement Trust, Kapurthala, as common questions of law and facts are involved in all the cases. For reference, facts are taken from Civil Revision No. 1704 of 2009.
The Improvement Trust, Kapurthala-petitioner has invoked the provisions of Article 227 of the Constitution of India for quashing the order dated 27.09.2008 (Annexure P-4) whereby the objections preferred by the petitioner have been disposed of without consideration. The petitioner has further sought direction for quashing the impugned order dated 06.12.2008 (Annexure P-
5), whereby its Bank Accounts have been ordered to be attached in the execution proceedings.
On 05.08.2005, the Division Bench of this Court in Civill Writ Petition No. 12148 of 2004, had passed the following order (Annexure P-1):-
"Present: Mr. Sandeep Khungar, Advocate, for the petitioner.
Learned counsel for the petitioner states (sic.) that a challenge to the same impugned order has been raised at the hands of the petitioner, which is pending consideration before this Court in CWP No.18653 of 2004.
Admitted.
Interim orders in the same terms as in CWP No.18653 of 2004.
The petitioner shall deposit compensation on account of the land acquired at the rate of Rs.300/- per marla with the Land Acquisition Collector within four weeks from today. Deposit of compensation Civil Revision Nos. 1704, 1769 and 1774 of 2009 3 beyond Rs.300/- per marla shall remain stayed.
Sd/-J.S. Khehar Judge Sd/- S.N. Aggarwal Judge August 5, 2005 Learned counsel for the respondents has not disputed this fact that they have paid the compensation amount at the rate of Rs.300/- per marla, but he disputes about having paid less amount on account of solatium as well as interest. They have also mentioned about the particulars of the compensation. To the contrary, the counsel for the petitioner has stood by the affidavit filed by Shri R.L.Bhagat, Executive Officer, Improvement Trust, Kapurthala, which discloses the particulars of the amount paid to the respondents.
In view of the matter, all these petitions are disposed of with the direction that any discrepancy in the amount paid by the petitioner would be examined in the Execution, which may be filed after the disposal of the above said petition by this Court.
(A.N.JINDAL) 22.09.2011 JUDGE ajp