BHAWARLAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The short grievance of the Petitioners is as to no award being passed in respect of the subject acquisition of their property. Learned counsel for the Petitioners argues that payment of compensation is an essential component of Right to Property constitutionally guaranteed under Article 300A , therefore, Petitioners' property being acquired & award being a condition precedent, the same has to be passed to facilitate receipt of the compensation by his clients. He also highlights that the aforementioned constitutional right has been widely interpreted by the Apex Court in K.T PLANTATION VS. STATE OF KARNATAKA (2011) 9 SCC 1.

(2.) Learned CGC appearing for the 1st Respondent and learned Sr. Panel Counsel appearing for the other Respondents oppose the Petition contending that ordinarily no writ of mandamus can be issued unless there is as specific demand raised and rejected. Having so contended, now they agree to instruct their clients to look into the grievance of the Petitioners so that the award would be passed expeditiously. This is really appreciable. In view of the above, this Petition is disposed off directing the authorities to pass the award within an outer limit of three months unless there is an interdiction by the Courts or parties. All contentions are kept open, costs having been made easy.