Punjab-Haryana High Court
Neena Bhalla Bawa And Anr vs State Of Punjab And Others on 30 June, 2021
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
117 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-11349-2021(O&M)
Date of decision: 30.06.2021
Neena Bhalla Bawa and another
.......Petitioners
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr.Rajbir Singh, Advocate, for the petitioners
Ms. Kanica Sachdeva, AAG, Punjab
ANIL KSHETARPAL, J. (ORAL)
Hearing of the case was held through video conferencing on account of restricted functioning of the Courts.
Through this writ petition filed under Article 226 of the Constitution of India, the petitioners have assailed the correctness of the order passed by the Collector on 24.03.2021, while referring the dispute with regard to apportionment of the compensation to the court of competent jurisdiction.
Learned counsel representing the petitioners contends that the reference itself was not maintainable because of various reasons.
As per Section 30 of the Land Acquisition Act, 1894, whenever there is a dispute with regard to the apportionment of the amount of compensation, the Collector may refer such dispute to the decision of the Court. The Collector has passed the impugned order in the exercise of powers under Section 30. It is for the competent court to 1 of 2 ::: Downloaded on - 01-07-2021 20:33:11 ::: CWP-11349-2021(O&M) 2 decide the matter.
However, learned counsel representing the petitioners contends that a previous application filed by Harbhajan Singh under Section 28-A of the Land Acquisition Act, 1894, was dismissed by the Collector on 28.02.2021.
Be that as it may. In the considered view of this Bench, the ends of justice would be met if the Court of competent jurisdiction before whom the case is pending is requested to decide the maintainability of the petition within two months from the date of receipt of a certified copy of the order. The petitioners shall be at liberty to move an application in this regard, which shall be decided by the court within the time stipulated above after issuing notice to the parties.
Disposed of.
All the pending miscellaneous applications, if any, also stand disposed of.
30.06.2021 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
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