Punjab-Haryana High Court
Resham Singh And Others vs Union Of India And Others on 20 July, 2011
Bench: Jasbir Singh, Augustine George Masih
Civil Writ Petition No. 11761 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 11761 of 2011
Date of decision:20th July, 2011
Resham Singh and others
.......Petitioners
Versus
Union of India and others
........Respondents
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. R.D.Bawa, Advocate
for the petitioners.
Ms. Jaspal Kaur Gurna, Advocate
for Union of India.
Mr. Manohal Lall, Addl.A.G.Punjab
for the State of Punjab.
1. Whether Reporters of local papers may be allowed to see
the judgment? Yes/No
2. To be referred to the Reporters or not?Yes/No
3. Whether the judgment should be reported in the Digest?
Yes/No
Jasbir Singh, J.(Oral)
By filing this writ petition, the petitioners have laid challenge to the orders dated 10.05.2011 (P-6), 20.05.2011 (P-7 and P-8), 2.02.2011 (P-9 to P-11) and further prayer to quash an order dated 28.06.2011 (P-12 to P-14).
Vide order dated 10.05.2011 (P-6) and 20.05.2011 (P-7 and P-
8), the bank in which compensation amount has been deposited by the petitioners informed them that their accounts have been freezed.
Vide letter dated 2.02.2011 (P-9 to P-11) the Land Acqusition Civil Writ Petition No. 11761 of 2011 2 Collector directed the bank concerned to stop the payment to the petitioners.
Vide the notices dated 28.06.2011 (P-12 to P-14) the Sub Divisional Magistrate, Amritsar directed the respondents to return the amount of Rs. 28,14,000/- stated to have been paid in excess.
It is apparent from the record that the petitioners' land was acquired for widening/four laning of Amritsar- Pathankot Road Section of the National Highway.
As per the award passed by the Land Acquisition Collector, the amount was disbursed and thereafter, it appears that an application was filed by the other land owners claiming that compensation amount be paid to them also, in the same manner in which it was granted to the petitioners, by assessing their land as commercial in nature.
As per the facts on record, the Land Acquisition Collector had made some spot verification and came to a conclusion that the land owned by the petitioner was agricultural in nature and accordingly, notice was issued to them to return the excess amount paid to them by treating their land as commercial in nature.
On 11.07.2011, while issuing notice of motion the following order was passed:-
"Vide the notices dated 28.6.2011 (P12 to P14), the petitioners have been asked to return the excess amount paid to them . It is grievance of the petitioners that before passing that order, no opportunity of hearing was given to them and there is a complete violation of the principles of natural justice.
Notice of motion.Civil Writ Petition No. 11761 of 2011 3
On asking of the Court, Ms. Jaspal Kaur Gurna, Advocate accepts notice on behalf of respondent No. 1 and Mr. Manohar Lall, Addl.A.G. Punjab for respondent No. 2. Counsel for the petitioners is directed to supply them copy of the writ petition during course of the day.
Adjourned to 20.07.2011."
In response thereto, learned counsel for respondent No. 1 has put on record a copy of the letter/communication sent by the Sub Divisional Magistrate-cum-Land Acqusition Collector, Amritsar-I to the Advocate Generals' office at Chandigarh. The contents of the letter/communication reads thus:-
"With respect to the C.W.P in the subject it is submitted that the land of village Pakharpura was acquired by undersigned as L.A.C. For N.H.A.I for purpose of four laning of NH-15.
During the process of disbursement, few villagers who were neighbours of petitioners made a representation to the undersigned that their land is also of same type as of petitioners and they should also be paid the same commercial rate. This application was received by undersigned on 28.01.2011 and immediately spot was visited and it was found that wrong assessment has been made by undersigned in the award regarding the land of petitioners by and awarding commercial instead of agricultural. Civil Writ Petition No. 11761 of 2011 4 Immediately the disbursement of amount for this land was stopped on 28.01.2011. When the disbursement record was seen it was found that on page no. 9 of disbursement register, the compensation had been disbursed to the three petitioners through cheques. Undersigned immediately ordered that the banks to stop payment to the petitioners by freezing their accounts as amount had been debited from the account of undersigned in favour of petitioners. This order was made on 2.02.2011 without giving notice to petitioners as matter involved excess payment to the petitioners and they could have withdrawn the money from their accounts which could have caused further loss to government.
One of the petitioners had withdrawn almost total money from his account before this letter was received by bank on 2.02.2011. The land of the petitioners is agricultural in nature but was wrongly assessed as commercial and the fact was brought to my notice by other villagers who get compensation on agricultural rate.
The collector has to safeguard interest of the State in monetary matters. Any delay on my part could have led to further withdrawal from their accounts. Notices were not given as the mater was emergent. We are ready to listen to the petitioners if they approach us Civil Writ Petition No. 11761 of 2011 5 provided they return the excess money. They can approach the next higher court i.e. of Arbitrator cum D.C.Amritsar for enhancement of the award money. The land is purely agricultural as is evident from Jamabandi and Khasra Girdawari. Submitted for information and necessary action."
In the letter/communication, it is specifically stated that to remove the grievance of the petitioners, the Land Acquisition Collector is ready to give them an opportunity of hearing.
In view of the facts mentioned above, this writ petition is disposed of. Notices, directing the petitioners to return the amount in question, deemed to have been withdrawn. The petitioners are directed to appear before the Land Acquisition Collector, Amritsar on 8.08.2011. The Land Acquisition Collector, Amritsar shall provide them an opportunity to prove that their land is commercial in nature and after getting their side of the version, officer concerned can pass an appropriate order. It is made clear that in terms of the notice issued by the Land Acquisition Collector, Amritsar to the bank, an amount to the extent of Rs. 28,14,000/- qua the petitioner shall not be released till the Land Acquisition Collector, Amritsar pass an order, however, rest of the amount be released to them.
[JASBIR SINGH] JUDGE [AUGUSTINE GEORGE MASIH] JUDGE 20th July, 2011 Shivani Kaushik