Punjab-Haryana High Court
Surinder Balraj And Others vs State Of Punjab And Others on 5 September, 2011
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
Civil Revision No.5376 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.5376 of 2011
Date of Decision:05.09.2011
Surinder Balraj and others ......Petitioners
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.N.C.Sahni, Advocate,
for the petitioners.
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MEHINDER SINGH SULLAR, J.(oral) The combination of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emitting from the record is that, the land of the land-owners was acquired by the appropriate Government for public purposes under Land Acquisition Act(for short "the Act").
2. Having completed all the codal formalities of the Act, the Land Acquisition Collector(for brevity "the LAC") passed the award dated 14.08.1987. In pursuance of the reference petition under Section 18 of the Act, the then Additional Sessions Judge, Jalandhar, enhanced the compensation, by way of judgment dated 27.01.1995.
3. In the wake of Regular First Appeal, the compensation was further enhanced by this Court, by means of judgment dated 14.05.2008.
4. The State of Punjab through Punjab Small Industries and Export Corporation, filed IA No.1/2010 in a petition for Special Leave to Appeal in the Hon'ble Supreme Court, which came-up for hearing and the following order was passed on 05.02.2010(Annexure P-4):-
"Issue notice on delay as well as on SLP.Civil Revision No.5376 of 2011 2
Interim stay of the increase in compensation made by the High Court. We make it clear that the claimant will be entitled to draw the amount due as per the award of the Reference Court.
List with SLP(C) 13970-99/2009."
5. Meanwhile, the respondents deposited the enhanced amount of compensation, through the medium of cheque No.002238 dated 25.01.2010 amounting to `72,82,829/-. In pursuance of order(Annexure P-4) of the Hon'ble Apex Court, the LAC moved an application(Annexure P-3), not to release the amount of compensation to the claimants.
6. The Executing Court(ADJ, Jalandhar) directed the amount of enhanced compensation deposited by the respondents, to be released to the concerned quarter, by virtue of impugned order dated 23.02.2011(Annexure P-5), which in substance is as under:-
"Collector Land Acquisition, Department of Industries & Comm. Punjab have moved an application for the release of amount, which is deposited in the court as per the enhanced amount of compensation ordered by the Hon'ble Punjab and Haryana High Court. As per report of Nazir, a sum of `72,82,829/- is lying deposited undisbursed in the case titled Kulbir Singh Vs. State of Punjab. Along with this application, there is an order passed by the Hon'ble Supreme Court of India duly received in the court bearing SLP Civl No.5765/2010 arising out of RFA No.1802 of 1995 titled Punjab Small Indus. & Export Corp. Ltd. Vs. Kulbir Singh dead through LRs and others. LAC No.38/1991 decided on 27.01.1995, order dated 05.02.2010 vide which the Hon'ble Supreme Court has passed the order vide which interim stay has been granted to the increase of compensation made by the Hon'ble High Court. It was made clear that the claimant will be entitled to draw the amount due as per the award of reference court. Keeping in view the order of the Hon'ble Supreme Court, the amount already received in this case cannot be released in favour of the DH. Keeping in view the report of Nazir and the earlier execution application, amount of `72,82,829/- is ordered to be released to the concerned quarter from where it was received i.e. General Manager, District Industries Centre, Jalandhar, on behalf of Collector Land Acquisition, Department of Industries and Commerce, Punjab, Chandigarh, as per rules on proper Civil Revision No.5376 of 2011 3 verification."
7. Aggrieved by the impugned decision(Annexure P-5) of the Executing Court, the petitioners preferred the present revision petition, invoking the provisions of Article 227 of the Constitution of India.
8. After hearing the learned counsel for the petitioners, going through the record with his valuable assistance and after deep consideration of the entire matter, to my mind, there is no merit in the instant revision petition in this regard.
9. Ex facie, the only argument of the learned counsel that since, the respondents have deposited the amount after the report dated 29.01.2010 (Annexure P-1) of the Court Auctioneer, so, the trial Court committed a legal mistake, in releasing the indicated amount to the respondents, lacks merit.
10. Once, the Hon'ble Apex Court has stayed the payment of amount of enhanced compensation as per order(Annexure P-4), then to me, the Executing Court(ADJ, Jalandhar) has rightly returned the amount to the respondents, to await the decision of the Hon'ble Supreme Court. It is not a matter of dispute that Punjab Small Industries and Export Corporation is a Corporation owned by the State of Punjab and the recovery can again be effected from the respondents, in case, the matter is decided by the Hon'ble Apex Court in favour of the claimants. As the petitioners cannot possibly be saith to be the aggrieved persons, therefore, no ground for interference in the impugned order, in exercise of limited revisional jurisdiction of this Court, as contemplated under Article 227 of the Constitution of India, is made out in the obtaining circumstances of the case.
11. In the light of aforesaid reasons, as there is no merit, therefore, the instant revision petition is hereby dismissed as such.
September 05, 2011 (MEHINDER SINGH SULLAR)
seema JUDGE
Civil Revision No.5376 of 2011 4
C.M.No.21497-CII of 2011 in
Civil Revision No.5376 of 2011
Present: Mr.N.C.Sahni, Advocate,
for the petitioners.
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Application is allowed as prayed for.
September 05, 2011 (MEHINDER SINGH SULLAR)
seema JUDGE