SURENDER KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT civil writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 01.08.2011 (Annexure P -15) passed by respondent No. 1 and order dated 15.05.2012 (Annexure P -20) passed by respondent authorities whereby the respondent authorities have unilaterally decided to disburse the compensation amount to the tune of Rs. 6,64,500/ - vide cheque No. 083725 dated 15.05.2012 without affording any opportunity of hearing to the petitioners and without associating them in any proceeding while determining the compensation amount and in the alternative for directing respondent authorities to allot a plot equivalent to the area comprised in khasra No. 22/4 min and 22/5/1 at Dhandari Khurd in lieu of plot measuring 580 sq. yards comprised in khasra No. 61/22, Dhandari Kalan, which has come under the construction of Dhandari railway flyover, G.T. Road, Ludhiana, as per their decision/recommendation/resolution No. 4962 dated 18.07.2005 and approved vide resolution No. 5614 dated 26.09.2005 and approved by finance committee on 23.02.2006 and further approved by the Commissioner on 17.02.2009. Further prayer is made for issuance of a writ in the nature of mandamus directing the respondent authorities to disburse the compensation amount @ Rs. 38,000/ - per sq. yard along with interest @ 18% per annum till realization as determined by the respondent authorities vide letter No. 8770/DRA/LAC dated 31.10.2011 or in the alternative for a direction to respondent authorities to disburse compensation amount equivalent to the prevailing market value along with interest @ 18 % per annum till realization or to allot/give a plot of equivalent area measuring 580 sq. yards having equal market value in the same vicinity in lieu of the plot as per their resolutions. Further prayer is made for directing the respondent authorities to disburse mesne profits/damages/compensation amount @ Rs. 10,000/ - per month from January 2006 onwards till the date of allotment and possession of the plot to the petitioners.

(2.) BRIEF facts of the case are that father of the petitioners Hari Chand Sood was owner of the plot measuring 580 sq. yards, which he had purchased vide sale deed No. 8977 dated 27.10.1983 comprising of khasra No. 61/22, Dhandari Kalan, G.T. Road, Ludhiana. Late Hari Chand had constructed three pucca rooms over the plot, which was 'A' Class construction and his family members were running a firm from the said premises. Electricity connection was existing in the said premises. Son -in -law of late Hari Chand, namely, Ashok Sood had taken sale tax number pertaining to trade of cycle spare parts. In the year 2001 construction of Dhandari railway flyover started at G.T. Road, Ludhiana and beneath the flyover, land comprising of abovesaid khasra number came and was utilized by the authorities without any acquisition proceedings on the basis of alleged assurance that Hari Chand would be given a plot of equal size and equal price on the G.T. road. Ultimately, flyover was constructed over the land of Hari Chand, due to which this land/plot became unviable for late Hari Chand for any purpose and the rooms were also demolished. Late Hari Chand had not been paid any compensation nor was given land of equivalent area in lieu of his land used for flyover. The construction of the flyover continued approximately for six years. It is further averred that during the process of construction of flyover Hari Chand gave a representation to the authorities and asked for allotment of land in lieu of the land which came under the flyover. Vide letter dated 10.07.2001 of the Project Engineer, Ludhiana, Municipal Corporation, Town Planner was requested for compensating the father of the petitioners with adjoining land of the Municipal Corporation. The Assistant Town Planner, HQ vide letter dated 07.01.2005 recommended the case of Late Hari Chand, which was affirmed by STV on 28.01.2005 and further submitted to finance and contract committee for approval. The matter was enquired about the ownership as well as possession and same was found to be correct by Tehsildar on 24.02.2004. Joint Commissioner had also recommended on 29.03.2005 that to avoid unnecessary litigation, it would be just and equitable if person whose land has come under the flyover area be given in exchange the land from the land of Municipal Corporation. The Commissioner gave the administrative approval to the same on 04.04.2005. Further Mayor also gave permission to put up the case before the committee. The matter was taken up at item No. 41 and item No. 65 on 18.07.2005 and 26.09.2005, respectively (Annexures P -4 to P -6). The finance committee vide resolution No. 5614 dated 26.09.2005 had taken a decision with regard to allotting some other land near to the land of late Hari Chand. The finance committee further constituted sub committee consisting of three members i.e. Zonal Commissioner, STV and SEA, which took following decision in its meeting held on 23.02.2006: -

(3.) UPON notice, respondents appeared and filed reply. Respondents No. 2 to 4 filed reply through Raj Kumar, Municipal Town Planner, Municipal Corporation, Ludhiana. It was admitted that contents of para No. 3 of the writ petition are correct to the extent that in the record area measuring 580 sq. yards was in the name of deceased Hari Chand and the site falls on the Dhandari Kalan G.T. Road, Ludhiana. Rest of the facts were denied for want of knowledge. It is submitted that compensation has been assessed as per decision of the Principal Secretary, Local Government Department, Punjab and the amount has been paid. The compensation has been calculated as per market value of that period in which the land was acquired as per decision of PSLG but the petitioner voluntarily refused to accept the amount. The Government has never taken a decision to pay compensation at the rate of Rs. 38000/ - per sq. yard and prayer for dismissal of the writ petition has been made.