Punjab-Haryana High Court
Hari Singh & Ors vs Chander Parkash & Ors on 29 October, 2009
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
COCP No.1824 of 2008 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
COCP No.1824 of 2008 (O&M)
Date of decision: October 29, 2009.
Hari Singh & Ors.
...Petitioner(s)
v.
Chander Parkash & Ors.
...Respondent(s)
CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Shri Jaswant Jain, Advocate for the petitioners.
Shri Ashok Jindal, Additional Advocate General, Haryana
for respondents No.1 & 3.
Shri R.S. Bhatia, Advocate, for respondent No.2.
Shri S.R. Hooda, Advocate, for respondent No.4.
Rakesh Kumar Garg, J. (Oral):
The petitioners are proprietors of village Padiawaas. A shamilat land was created on account of pro-rata contribution by the proprietors of the village. Pursuant to the scheme of consolidation in 1959, land measuring 118 kanal was kept for common purposes of the village. 79 kanals 19 marlas land which was kept for "Gau Charanad" was never actually put to use and was being managed by the Gram Panchayat of the village for the purposes of generating revenue for the Panchayat. The aforesaid land along with other lands was acquired. Thereafter in pursuance of the Award passed by the Land Acquisition Collector, an amount of COCP No.1824 of 2008 -: 2 :- Rs.286 lacs was deposited in account of the Gram Panchayat as fixed deposit. However, the respondent-Gram Panchayat started withdrawing the interest on the said amount and spending the same.
The petitioners knocked the doors of this Court by filing CWP No.6838 of 2007 praying therein for issuing appropriate directions to the respondents to distribute the amount of compensation to the proprietors of the Mushtarka Malkan Land and further not to permit the Gram Panchayat from withdrawing the amount of interest accrued on the amount deposited.
This court vide order dated 23.8.2007 directed that the compensation/amount so deposited shall not be utilized by any party for any purpose.
The grievance of the petitioner before this Court is that the amount of interest along with the amount of compensation deposited in the fixed deposit had been illegally withdrawn by respondent No.4 in connivance with other respondents in violation of the orders passed by this Court.
In response to the show cause notice issued by this Court, separate replies have been filed on behalf of the respondents.
In the replies submitted on behalf of the respondents, it has been stated that the amount of compensation has not been utilized by any of the parties and it is still lying un-spent in the Bank. It is further mentioned that the said fixed deposit was transferred from Punjab National Bank, Rewari to the State Bank of Patiala, New Anaj Mandi, Rewari because the rate of interest was higher in the State Bank of Patiala. It is the further case of the respondents that even the amount of interest of Rs.32.80 lacs was also transferred by the Gram Panchayat to the aforesaid Bank, i.e., the State COCP No.1824 of 2008 -: 3 :- Bank of Patiala. It has been specifically submitted that no amount has been spent or utilized by the Gram Panchayat. Learned counsel appearing on behalf of the respondent No.4 has placed on record a certificate dated 6.7.2009 issued by the Punjab National Bank, Main Branch, Rewari certifying that the Gram Panchayat Padiawaas is maintaining a savings bank account with the Branch and no debit entry has been allowed in the said account after 27.8.2007, except transfer of Rs.32.80 lacs to State Bank of Patiala, Rewari on 16.9.2008 and Rs.1,04,598/- by the Branch itself on account of excess interest recovered on 3.10.2008.
The aforesaid facts could not be disputed by learned counsel appearing on behalf of the petitioner.
In view of the above, it is clearly made out that the order dated 23.8.2007 passed by this Court has not been violated by the respondents.
No merit.
Dismissed.
Rule discharged.
October 29, 2009. [ Rakesh Kumar Garg ] kadyan Judge