Punjab-Haryana High Court
Sardara Singh And Others vs State Of Punjab And Another on 8 December, 2008
THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No. 20613 of 2008
DATE OF DECISION: December 8, 2008
Sardara Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE JORA SINGH
Present: Mr. Naresh Kaushal, Advocate,
for the petitioners.
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in
the Digest?
M.M. KUMAR, J.
1. This petition filed under Article 226 of the Constitution prays for issuance of direction to the respondents to issue fresh notification under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act') in respect of the land belonging to the petitioners.
2. It is claimed by the petitioners that in view of Section 11-A of the Act, the entire acquisition proceedings carried out in C.W.P. No. 20613 of 2008 2 pursuance to earlier notifications dated 18.10.2004 and 25.2.2005 (P- 1 and P-2), issued under Sections 4 and 6 of the Act and all subsequent proceedings are vitiated because final award has not been announced within a period of two years although 80% amount of compensation has been given. Notices under Section 9 of the Act were also issued by respondent No. 2 on 10.3.2005. The petitioners have also sent legal notices dated 11.8.2008 and 25.8.2008, which are pending consideration of the respondents (P-8 & P-9). Reliance has also been placed on the Division Bench judgments of this Court rendered in the cases of Karam Singh and others v. State of Punjab and others (C.W.P. No. 1752 of 2002, decided on 22.5.2002, Annexure P-6); and Inder Singh and others v. State of Punjab and others (C.W.P. No. 1539 of 2004, decided on 27.5.2004, Annexure P-7).
3. Without going into the merits of the case, we deem it just and appropriate to direct the respondents to take cognizance of the legal notices, dated 11.8.2008 and 25.8.2008 (P-8 & P9) sent by the petitioners and decide the same expeditiously preferably within a period of two months from the date of receipt of a certified copy of this order. It shall be appreciated if a speaking order is passed.
4. Petition stands disposed of in the above terms.
(M.M. KUMAR)
JUDGE
C.W.P. No. 20613 of 2008 3
(JORA SINGH)
December 8, 2008 JUDGE
Pkapoor