Punjab-Haryana High Court
Jasbir Singh And Ors vs Union Of India And Ors on 24 September, 2014
Bench: Ashutosh Mohunta, Harinder Singh Sidhu
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.19882 of 2014 (O&M)
DATE OF DECISION: 24.09.2014
Jasbir Singh and others
.....Petitioners
versus
Union of India and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. Ritesh Pandey, Advocate for the petitioners
..
ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):
Notice of motion.
On our asking, Mr. Brijeshwar Singh Kanwar, Sr. Standing Counsel for UOI accepts notice on behalf of Union of India/respondent No.1, Mr. Sunil Sahore, Advocate for NHAI/respondent No.2 and Ms. Munisha Gandhi, Addl. Advocate General, Punjab for respondent No.3.
Learned counsel for the petitioners has handed- over two copies of the petition to each of the learned counsels for the respondents.
In view of the nature of order which we propose to pass, no reply-affidavit is required to be filed by the respondents.
PARKASH CHAND 2014.09.25 10:39 I attest to the accuracy and authenticity of this document
CWP-19882-2014 - 2 -
The petitioners are residents of village
Bahadurpur, Tehsil Batala, District Gurdaspur. Their land, as fully described in para No.3 of the writ petition, had been acquired by respondent Nos.1 & 2 under the National Highways Act, 1956 (hereinafter referred to as '1956 Act').
The Award was passed in the year 2010 by the Land Acquisition Collector/Competent Authority.
The petitioners' main grievance is that while assessing the compensation, the benefit of Sections 23 and 28 of the Land Acquisition Act, 1894 (hereinafter referred to as '1894 Act'), namely, solatium and interest was not granted to them despite the fact that this Court in M/s Golden Iron and Steel Forgings versus Union of India and others, 2011 (4) RCR (Civil) 375, has categorically held that even in the case of acquisition under the National Highways Act, 1956, the above mentioned two statutory benefits are equally admissible to the affected land-owners. The petitioners also rely upon two decisions of this Court, dated 27.9.2012 passed in CWP No.7457 of 2012 (Bhag Singh and another versus Commissioner, Jalandhar Division and others) and dated 27.9.2012 passed in CWP No.14642 of 2012 (Prem Kaur versus Union of India and others) whereby the benefit of solatium and interest in terms of the above-cited decisions of this Court, has been extended to the similarly situated land-owners.
Another grievance of the petitioners is that besides submission of applications etc., they are running PARKASH CHAND 2014.09.25 10:39 I attest to the accuracy and authenticity of this document CWP-19882-2014 - 3 -
from pillar to post before the officers of respondent No.2- National Highways Authority for the release of above- mentioned benefits but the same are withheld only on the plea that no directions have been given by this Court in their case(s). The aggrieved petitioners have now approached this Court.
We have heard learned counsel for the parties at some length and gone through the record.
The principles laid down by this Court in Golden Iron and Steel Forgings's case (supra), are not in dispute. Similarly, the fact that the benefit of solatium and interest has been extended by this Court to the similarly situated land-owners vide order dated 27.09.2012 in Bhag Singh's case (supra), can also be hardly disputed. In these circumstances, we are of the view that it is imperative upon respondent Nos.1 & 2 to consider the petitioners' claim for the grant of solatium and interest in accordance with the decision of this Court in Golden Iron and Steel Forgings's case (supra).
The writ petition is accordingly disposed of in the following terms:-
(i) The petitioners shall move application(s) before the notified Competent Authority-cum-Land Acquisition Collector within a period of one month for the grant of aforesaid benefits;
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CWP-19882-2014 - 4 -
(ii) The said Competent Authority will issue notice and
call for the records/reply from the National
Highway Authority of India;
(iii) The Competent Authority shall thereafter determine whether or not the petitioners are entitled to the aforesaid benefits, especially in view of the decisions of this Court and the Hon'ble Supreme Court relied upon by the claimant(s);
(iv) If the petitioners are found entitled to, a self-
speaking supplementary Award to this effect shall be passed within a period of four months from the date of filing of the application;
(v) The National Highways Authority of India shall be required to disburse the additional amount as per the supplementary Award within a period of two months from the date of passing of the supplementary Award subject to its right to challenge the same before appropriate forum. Disposed of.
Dasti.
( ASHUTOSH MOHUNTA )
ACTING CHIEF JUSTICE
24.09.2014 ( HARINDER SINGH SIDHU )
parkash* JUDGE
PARKASH CHAND
2014.09.25 10:39
I attest to the accuracy and
authenticity of this document