Punjab-Haryana High Court
Sukhmander Singh And Others vs State Of Punjab And Others on 5 August, 2011
Bench: Jasbir Singh, Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.5926 2011
Date of decision: 05.08.2011
Sukhmander Singh and others
.....Petitioners
versus
State of Punjab and others
......Respondents
CORAM: Hon'ble Mr.Justice Jasbir Singh
Hon'ble Mr.Justice Augustine George Masih
Present: Mr.K.B.Raheja, Advocate for the petitioners
Mr.Manohar Lall, Addl.A.G. Punjab
Jasbir Singh, J. (Oral)
On 4.7.2011, following order was passed by this Court:-
"In this writ petition, the petitioners pray that compensation amount for severance of their land, which was caused due to acquisition, has not been paid to them for the last about 15 years.
On 25.5.2011, following order was passed by this Court:-
"Reply by way of counter Affidavit of Prem Chand Executive Engineer Harike Canal Division, Ferozepur on behalf of respondent Nos.1 to 3 has been filed today in Court and the same is taken on record.
Learned State Counsel on instructions from Gurpal Singh, Ziledar, from the office of L.O. Drainage, Patiala assures the Court that requisite amount shall be disbursed to the petitioners, as Civil Writ Petition No.5926 2011 2 per the entitlement, before the next date of hearing.
On request adjourned to 4.7.2011. It is made clear that if the amount is not disbursed as stated above, the Land Acquisition Officer, Drainage, Patiala shall come present in Court on the next date of hearing to state the reasons of delay."
In a very casual manner, today it has been stated by the State counsel that the statement made by Gurpal Singh, Ziledar on 25.5.2011 is not correct, in this case, award, regarding compensation to be paid towards severance of land of the land owners, has not been passed. It is further stated that letter dated 26.11.2010 was not signed by the Land Acquisition Officer, rather it was signed only by a Clerk.
We have failed to see any reason on the basis of which the State Government can deny compensation to the petitioners. They are the land owners whose land was acquired and on account of which some part of their land was severed and they suffered a loss. In the award passed by the Collector, it is specifically stated that regarding compensation to be paid towards severance of land of the petitioners, case was not processed and sent by the Patwari. It was so noticed by the District Judge, Faridkot when award was passed on 8.8.2000. Observation made reads thus:- Civil Writ Petition No.5926 2011 3
"It has been stated that due to severance, the land has been divided into two parts. This fact has not been mentioned by AW1 Sukhmander Singh in his statement. However, it has been mentioned in the award that the case of severance of the land has not been sent by the Patwari and as and when it would be sent, the same would be disposed of in accordance with law."
Thereafter, by writing a letter (P3) in the year 2007, the Executive Engineer, Harike Canal Division, Ferozepur asked the Land Acquisition Officer to make arrangement for payment of compensation to the land owners. However, it appears that nothing was done. A very casual approach has been adopted by the authorities. The petitioners are running from pillar to post to get their due but the same has been denied to them without any justification. In a democratic set up, such an attitude is not tolerable and deserves to be deprecated.
Under the circumstances, we issue
directions to Principal Secretary, Irrigation
Department, Punjab at Chandigarh to see that before the next date of hearing, Award is passed regarding payment of compensation to the land owners for severance of their land, if not already passed. Arrangement be also made for disbursement of the compensation before the next date of hearing. If there is non-compliance to the order passed, the above said Civil Writ Petition No.5926 2011 4 officer is directed to come present in Court on the next date of hearing.
On request made by Mr.Manohar Lall, Addl.A.G. Punjab, adjourned to 5.8.2011.
A copy of the order be given to the State counsel under signatures of Court Secretary for necessary compliance."
Today, in Court, an affidavit has been put on record, wherein it is stated that an award, qua severance allowance, has been passed by the competent authority on 1.8.2011, copy of which has also been placed on record. As per that award, compensation amount of Rs.1,11,875/- was found due to the petitioner. The said amount has also been paid. Photocopy of the cheque issued is also placed on record.
It is contention of counsel for the petitioners that the amount awarded is on the lower side. Be that as it may, if the petitioners are not satisfied, they may raise their grievance before the competent forum.
The land was acquired way back in the year 1988, award was passed on 2.3.1993, the matter went to the Land Acquisition Tribunal and it was disposed of on 8.8.2000. In that order also, it was directed that the land owners be paid compensation allowance for severance of their land. Right of the land owners to get compensation was accepted, however, the amount was not assessed because a report was not sent by the Patwari. But nothing was done thereafter. The poor farmers continue to knock at the doors of the respondents and nothing was done for a long period of ten years, then they came to this Court. The present award appears to have been passed under the directions issued by this Court. Lethargic attitude of the respondents is Civil Writ Petition No.5926 2011 5 deplorable. It is a sheer harassment to the poor farmers whose land was acquired.
Under the circumstances, we burden the respondents with costs of Rs.one lac to be paid to the petitioners equally (Rs.25,000/- each). The amount of costs shall be paid to the petitioners within a period of one month from today. After making the payment, the District Collector will conduct an enquiry and fix responsibility of the officer, who was negligent in not taking action in time and recover the amount from that officer(s).
The writ petition stands disposed of.
(Jasbir Singh)
Judge
05.08.2011 (Augustine George Masih)
gk Judge