Punjab-Haryana High Court
Ramkishan And Others vs State Of Haryana And Others on 13 February, 2013
C.W.P. No.22573 of 2010 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.M. No.1273 of 2013 in/and
C.W.P. No.22573 of 2010
Date of decision : 13.02.2013
Ramkishan and others
...... Petitioners
Versus
State of Haryana and others
...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Karan Bhardwaj, Advocate
for the petitioners.
Mr. Amit Goyal, A.A.G., Haryana.
Mr. Kamal Sehgal, Advocate
for respondent No.3.
Mr. Naveen Sharma, Advocate
for respondents No.7 to 10.
Respondent Nos.8 and 10 present in person.
Mr. R.S. Manhas, Advocate
for respondent No.12.
***
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?
C.W.P. No.22573 of 2010 (O&M) -2-
AJAY TEWARI, J. (Oral)
C.M. No.1273 of 2013
For the reasons recorded, the application is allowed subject to all just exceptions. Compromise dated 30.07.2012 is taken on record.
C.W.P. No.22573 of 2009The petitioners/farmers and respondents No.7 to 10 i.e AJS Builders have arrived at a mutual compromise. However for the sake of clarity the contents of same are reproduced here below:-
"MUTUAL SETTLEMENT BETWEEN THE PETITIONERS AND RESPONDENT COMPANY I.E. AJS BUILDERS LIMITED THROUGH ITS DIRECTORS I.E. RESPONDENT NO.7 TO 10 AND FOR RECORDING AMICABLE COMPROMISE.
1. That the above mentioned writ petition is pending adjudication before this Hon'ble Court along with other connected writ petition No.3273/09, 7684/09, 22573/10, 5656/11. The petitioners in aforesaid writ petitions except petitioners Partap Singh of CWP No.6104/2009 and petitioners Raghuvir Singh of CWP No.3273/2009 are not part of this amicable settlement.
2. That the petitioners sold the requisite portion of their land to the Respondent No.7 to 10 vide registered sale deed (details attached).
3. That the respondent besides payment also issued post dated cheques to the petitioners qua the execution the sale deed.
4. That however, the said PDC's could not be honoured/encashed and the same got dishonoured on presentation, consequences of which the petitioners C.W.P. No.22573 of 2010 (O&M) -3- has filed the present writ petition alleging fraud being played on them and for taking suitable actions against the respondent company.
5. That the petitioners alongwith the other farmers (Petitioners in the other writ petition) have sat with the Directors and other authorised representative namely Mrs. Madhu P. Singh and Ravi Bhushan, duly authorised vide board resolution no. dated 3.2.2010 of the company, which is attached herewith as Annexure A-1, and have decided to amicably settle all their disputes interse on the following terms and conditions, which have been set forth herein below:-
i. It is agreed by the petitioners and respondent no.7 to 10 that and the petitioners and respondents both mutually shall get cancelled the sale deeds and the respondent No.7 to 10 shall return the requisite portion of land to the respective petitioners in the proportion set forth in Annexure A-2 hereto.
ii. It is agreed by the petitioners that the respondent No.7 to 10 shall be entitled to get a fresh sale deed executed qua the agreed proportion as set forth in Annexure A-3.
iii.That the petitioners and respondent No.8 undertakes to appear before the office of Sub-Registrar for execution and registration of their requisite sale deed on the day, date and time duly agreed.
iv.That it has been settled that the petitioners shall be entitled to receive the compensation qua the land which comes to their respective shares out of the land acquired by the govt. and similarly the respondent company would be entitled to receive the compensation qua the land which comes to their from C.W.P. No.22573 of 2010 (O&M) -4- the land acquired by the respondent company. v. That it is agreed by the petitioners that the respondent company shall be solely entitled to receive compensation qua the land measuring 102 kanal and 8 marla and the petitioners shall be entitled of the compensation for the land shown in green colour as per Annexure A-3 i.e. 166 kanal 3 marla of acquired land. It is further decided that the parties would be at liberty to file separate reference petitions for enhancement of compensation in reference to their respective holdings as agreed in the present settlement.
vi.That it is agreed by the parties that the respondent company shall own 55 kanal and 8 marla of unacquired portion of the land as shown and marked in blue colour in the site plan as Annexure A-3. And the petitioners shall own the remaining portion of un acquired portion of land i.e. 138 kanal 5 marla as shown in yellow colour in the site plan Annexure A-3 and shall become absolute owners of their respective portions thereof.
vii.That the respondent No.7 to 10 in totality shall own land measuring 157 kanal and 16 marlas (acquired and unacquired as shown in red and blue colour in Annexure B. That the petitioners in totality shall own land measuring 304 kanal 8 marla (acquired and unacquired as shown in green and yellow colour in Annexure A-3.
viii.That the respondent No.7 to 10 undertakes to put the fresh sale deeds and the compensation of the acquired land measuring 102 kanal and 8 marla to the respondent No.12 bank as collateral security in C.W.P. No.22573 of 2010 (O&M) -5- respect of the debt claimed/calculated by the bank. In the clarified and submitted that the present term and deposit as collateral security shall be only under protest and shall be without prejudice to the rights and contention of the respondent No.7 to 10 against the claims raised by the bank and the litigations pending interse. The same has been agreed by the respondent no.7 to 10 only for the present settlement considering the intents of the parties.
ix.That the respondent no.7 to 10 shall be at liberty to contest their claims with respondent no.12 as per law. Respondent no.7 to 10 undertakes to be responsible, against all claims whatsoever if so raised against the remaining portion of land apart FROM 157 kanal and 16 marla by any requisite authority, which goes to the petitioners.
x. It is agreed by the parties that all claims raised by respondent bank against the mortgaged property of the respondent company shall be the sole responsibility of the respondent company at its own cost and consequences.
xi.That the petitioners undertake to hand over actual physical possession of the unacquired portion of land comprising 55 kanal and 8 marla as shown in blue colour in the site plan annexed as Annexure A-2 to the respondent No.7 to 10 on execution of fresh requisite sale deeds of the portion described in Annexure A-2 and A-3.
xii.That the amount of stamp duty refund after cancellation of the sale deeds shall be deposited in a fresh account in the name of the respondent company M/s AJS Builders Pvt. Ltd. and the stamp duty on the C.W.P. No.22573 of 2010 (O&M) -6- fresh sale deeds shall be deposited from the said account directly to the requisite authority and the excess if any shall be the property of the respondent Company. The petitioners shall not be liable for any expenses whatsoever in the cancellation and execution of the fresh sale deeds and the stamp duty in that regard. The parties duly consent to the said term and undertakes to abide the same expressly. xiii.That the petitioners undertakes to withdraw all their cases, complaints, claims civil/criminal pending before judicial and quasi judicial forums on execution of the above terms including the present writ petitions and shall ensure that all proceedings including proceedings under the Negotiable Instruments Act initiating against the respondent company and its officials be kept in abeyance till execution of the above terms and conditions and shall ensure that no coercive actions shall be initiated against the company and its officials till compliance of the above terms. The duration and time limit for execution of the settlement is three months.
xiv.That the petitioners agree to withdraw all cases/claims incompliance of the above terms effect of which the respondent No.7 to 10 and its officials shall stands exonerated from all allegation/claims if found due against the company.
xv.That the parties shall not challenged the above terms on the ground that they were not competent to execute and same at any point of time and shall ensure sprite execution of the above terms which have only been set forth towards amicable compromise which have arrived between the parties to put an end to all ill C.W.P. No.22573 of 2010 (O&M) -7- wills, without any force or undue pressure of any person in any manner.
Sd/- Sd/-
Petitioners Respondents"
In my opinion, the compromise is in the interest of the parties and is not in violation of law. Consequently, the same is accepted.
Resultantly the petition stands disposed of with a direction to the petitioners/farmers and authorised representative of respondent-
company i.e. A.J.S. Builders to appear before the respondent No.4 i.e. Deputy Commissioner, Sonepat within a period of three months from the date of receipt of a certified copy of this order. The respondent No.4 and the Sub Registrar, Gannaur are directed that the sale deeds which are the subject matter of the present petition be cancelled. The refund of stamp duty after cancellation of sale deeds shall be returned to the respondent No.7-company. The expense of the stamp on execution of fresh sale deed shall be borne out from the refunded stamp duty. Further necessary directions are issued to the respondent No.4 i.e. Deputy Commissioner, Sonepat, Haryana and the Sub Registrar, Tehsil Gannaur, District Sonepat to cancel and execute fresh sale deed as per Annexures A-2 & A-3 attached with the compromise.
Land measuring 138 kanals 5 marlas which is not part of land acquisition would be returned to the petitioners/farmers. The land would be free from all the encumbrances.
Land measuring 55 kanals which is falling in the share of respondent-company i.e. AJS Builders from the un-acquired land would be C.W.P. No.22573 of 2010 (O&M) -8- handed over to respondent-company for further continuation of mortgage with Allahabad Bank.
Compensation pertaining to land measuring 166 kanals 3 marlas from the acquired land which falls within the share of petitioners/famers as per compromise would be paid to the petitioners/farmers by the Land Acquisition Collector.
Further it is directed to respondent No.4 i.e. Land Acquisition Collector to release the compensation qua the land measuring 103 kanals 18 marlas falling in the share of respondent No.7 to 10 to respondent No.12- Allahabad Bank directly as agreed and undertaken by the respondents No.7 to 10 vide letter dated 30.07.2012 (approximately Rs.6.50 crores) placed on record as Annexure A-1 & A-2 with the C.M.No.1220 of 2013 in CWP No.6104 of 2009. The respondent-Bank accepted the undertaking given by the respondents No.7 to 10 which is inconsonance with the compromise dated 30.07.2012. Further the land measuring 55 kanals 8 marlas of un- acquired portion comes in the share of A.J.S. Builders would be mortgaged in favour of Allahabad Bank after the fresh sale deeds will be executed between the petitioners and the respondents No.7 to 10. The Sub Registrar is further directed to make necessary entries in the revenue record regarding the mortgage of the bank on the land coming in the share of A.J.S. Builders for securing the debts of all four loan accounts namely AJS Builders, loan account of Mrs. Madhu Singh and Mr. Prabhjot Singh, loan account of Mrs. Geeta Singh and loan account of Mr. Manu Kant and Smt. Kailash Rani as the properties are mortgaged.
C.W.P. No.22573 of 2010 (O&M) -9-The petitioners/farmers and respondent company are at liberty to file respective reference or claim petitions for enhancement of land Acquisition compensation.
The petitioners/farmers further undertake that they will handover the possession of the land under acquisition to the Haryana State Industrial Development Corporation, Panchkula on or before 01.05.2013 after harvesting the wheat crop.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
February 13, 2013 JUDGE
ashish