PUNJAB STATE Vs. DESO

JUDGEMENT

(1.) THIS order of mine shall dispose of 10 revision petitions bearing Nos. 6813, 6814, 6815, 6816, 6817, 6818, 6819, 6820, 6821 and 7043 of 2015 filed by the State of Punjab against the order dated 28.08.2014 (Annexure P -4).

(2.) IT would be apt to give preface of the matter for adjudication of the aforementioned revision petitions.

(3.) MR . Piyush Bansal, learned Deputy Advocate General, Punjab, submits that in pursuance to the aforementioned order, the Land Acquisition Collector -cum -Sub Divisional Magistrate, Gurdaspur, wrote a letter dated 15.01.2015 (Annexure P -5) to the respondents -Commanding Officer, 69 Road Construction COY, (GREF) c/o 56 APO, for payment of Rs. 1,02,20,541/ - and it was replied vide letter dated 27.01.2015, (Annexure P -6), whereby, it was communicated that award of the reference Court has been challenged in this Court by filing Regular First Appeals. However, the Land Acquisition Collector, vide letter dated 04.02.2015, Annexure P - 7, again called upon respondent No. 6, that in case, enhanced amount of compensation is not deposited, the Hon'ble Court shall pass any order against the department. In pursuance to the execution proceedings, Head of Account 2053 of the Deputy Commissioner Gurdaspur (JD) has been attached. Petitioner No. 2, in the execution proceedings, moved objection petition, Annexure P - 8, for releasing Head 2053 of Deputy Commissioner, Gurdaspur, on the ground that the land was acquired by the Land Acquisition Collector -cum -Sub Divisional Magistrate, Gurdaspur, on behalf of respondent No. 6 and they have given the amount of the acquired land. The Land Acquisition Collector has demanded the amount of Rs. 38,85,034/ - from respondent No. 6, but the same has not been deposited. Another application, Annexure P -9, to this effect was also filed, which has been dismissed by the trial Court, vide impugned order dated 08.07.2015.