Punjab-Haryana High Court
Narender Kumar @ Narender Singh And ... vs State Of Haryana And Others on 29 June, 2021
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
112
In the High Court of Punjab and Haryana, at Chandigarh
1. Civil Writ Petition No. 10859 of 2021
Narender Kumar alias Narender Singh and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
2. Civil Writ Petition No. 10861 of 2021
Narender Kumar alias Narender Singh and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
3. Civil Writ Petition No. 10867 of 2021
Daleep Singh
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
4. Civil Writ Petition No. 10868 of 2021
Ram Singh and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
5. Civil Writ Petition No. 10869 of 2021
Sumer Singh alias Sumer Chand Sharma and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
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Civil Writ Petition No. 10859 of 2021 And 2
18 Other Connected Writ Petitions
6. Civil Writ Petition No. 10872 of 2021
Sunil Kumar Yadav and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
7. Civil Writ Petition No. 10875 of 2021
Shanti Devi and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
8. Civil Writ Petition No. 10876 of 2021
Satyanarain Singh and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
9. Civil Writ Petition No. 10952 of 2021
Sonu and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
10. Civil Writ Petition No. 11051 of 2021
Virender Singh and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
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Civil Writ Petition No. 10859 of 2021 And 3
18 Other Connected Writ Petitions
11. Civil Writ Petition No. 11052 of 2021
Rakesh Kumar and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
12. Civil Writ Petition No. 11055 of 2021
Bhoop Singh alias Bhup Singh and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
13. Civil Writ Petition No. 11060 of 2021
Ram Rattan and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
14. Civil Writ Petition No. 11061 of 2021
Rammehar and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
15. Civil Writ Petition No. 11045 of 2021
Krishan Kumar and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
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Civil Writ Petition No. 10859 of 2021 And 4
18 Other Connected Writ Petitions
16. Civil Writ Petition No. 11048 of 2021
Ram Kishan and Another
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
17. Civil Writ Petition No. 11054 of 2021
Satbir Singh
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
18. Civil Writ Petition No. 11059 of 2021
Smt. Krishna Devi alias Krishna Yadav and Another
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
AND
19. Civil Writ Petition No. 11063 of 2021
Suresh Kumar and Others
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
DATE OF DECISION: 29.06.2021
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Gaurav Aggarwal and Ms. Monisha Aggarwal, Advocates
for the petitioner(s).
Anil Kshetarpal, J.
1. Through this judgment, 19 writ petitions, wherein identical 4 of 6 ::: Downloaded on - 30-06-2021 21:25:45 ::: Civil Writ Petition No. 10859 of 2021 And 5 18 Other Connected Writ Petitions relief has been sought, shall stand disposed of.
2. Through these writ petitions, the petitioners pray for issuance of a writ in the nature of Mandamus directing the respondents to pay interest in accordance with the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act") as also as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act"). The petitioners claim that their land was acquired by an award passed on 21.04.2011 by the Land Acquisition Collector, Gurgaon, under Section 11 of the 1894 Act. They further claim that although the possession was taken, however, no compensation was paid. They claim that the compensation has been paid only in the year 2020/2021.
3. As per the 1894 Act, the Collector performs quasi-judicial functions including the determination of compensation. Section 11 of the 1894 Act enables the collector to hold an inquiry and proceed to determine the market value of the land acquired. The Collector is also required to ensure that the amount is either deposited or paid in accordance with the provisions of the 1894 Act.
4. It is not in dispute that the petitioners have made a representation to the Land Acquisition Collector claiming the amount of interest as noticed above in April 2021.
5. Notice of motion.
6. On the request of the Court, Mr. Samarth Sagar, Additional Advocate General, Haryana, with Mr. Shivendra Swaroop, Assistant Advocate General, Haryana, accepts notice on behalf of respondent No.1 5 of 6 ::: Downloaded on - 30-06-2021 21:25:45 ::: Civil Writ Petition No. 10859 of 2021 And 6 18 Other Connected Writ Petitions and 5. Mr. Ankur Mittal, Advocate, has put in appearance on behalf of respondent No. 2 to 4.
7. The learned counsels representing the parties are ad idem that these writ petitions can be conveniently disposed of by a common order on the very first date of hearing.
8. In the considered view of this Court, it would be more appropriate to direct respondent No.5-Land Acquisition Collector-cum- District Revenue Officer, Gurgaon, to decide the claim of the petitioners in accordance with the law within a period of two months from the date of receipt of a certified copy of the order. Needless to observe that if the petitioners are still aggrieved, they shall have the liberty to challenge the order.
9. With the observations made above, all the writ petitions stand disposed of.
(Anil Kshetarpal) Judge June 29, 2021 "DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
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