LACHHMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners who are co-sharers in the acquired land have approached this Court with a prayer for quashing order dated 8.11.2007 (Annexure P.5) passed by the Land Acquisition Collector, Punjab Urban Development Authority, Bhatinda, respondent No. 3. The petitioners have claimed disbursement of compensation to them.

(2.) BRIEF undisputed facts may first be noticed. The petitioners are co-owners of the land comprised in khasra Nos. 2199(2-11), 2200(3-10), 2201(3-13), 2202(8-3), 2220(56-1) totally 73 bighas 18 biswas land situated at Bhagu road, Bathinda and in khasra Nos. 2203(3-4), 2204(2-0), 2205(4-11) totalling 9 bighas 15 biswas. After issuance of notification under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act'), hearing of objections under Section 5A of the Act and issuance of declaration under Section 6 thereof award was announced on 6.3.2007 by the Land Acquisition Collector granting compensation of rupees thirty lacs per acre for the land acquired alongwith solatium. The Land Acquisition Collector also awarded compensation for structures, houses etc. The petitioners requested for release of their compensation which was not paid. Eventually on 10.8.2007 they made representation to the Estate Officer and Addl. Chief Administrator PUDA (Annexure P.3). The petitioners were orally told by the respondents about the pendency of CWP No. 8155 of 2006 which was filed by other owners and the orders passed by the Hon'ble High Court on 26.5.2006 staying the dispossession of the petitioners in that petition. As the respondents denied the compensation to the petitioners on the pretext of pendency of CWP No. 8155 of 2006, they filed C.M. No. 14892 of 2007 in CWP No. 8155 of 2006 seeking a direction to the respondents to release the awarded amount of compensation. They also moved an application for impleading them party in the petition. On 11.9.2007, the petitioners were allowed to withdraw the applications with liberty to file appropriate petition. Petitioners then filed CWP No. 14861 of 2007 seeking release of awarded amount of compensation qua their land. The said petition was disposed of on 24.9.2007 with a direction to the Land Acquisition Collector, PUDA to consider the representation of the petitioners dated 10.8.2007. Petitioners again approached the respondents for release of compensation alongwith a copy of the order dated 24.9.2007. On receipt of the request of the petitioners, respondent No. 3 referred the matter to the Sub Divisional Magistrate, Bhatinda seeking status report of possession etc. The same was then referred to Tehsildar Bhatinda. Accordingly Halqa Patwari submitted report dated 2.11.2007 (Annexure PA). Respondent No. 3 instead of releasing the compensation passed an order on 8.11.2007 (Annexure P.5) denying the release of compensation on the pretext that petitioners have a joint khata and they can get their joint khata partitioned by the competent authority for further action regarding payment of compensation. It was specifically submitted by the petitioners that their physical possession is independent and unquestioned by other share holders in the joint khata. The petitioners also offered possession to PUDA after due verification by the revenue agency.

(3.) MR . Arun Bansal, learned counsel for the petitioners has submitted that the petitioner is prepared to give up physical possession within two weeks and compensation for the acquired land may be disbursed to them. According to the learned counsel the challenge by the other co-owners to the acquisition proceedings would not constitute a bar to the disbursement of compensation to the petitioners in respect of their share belonging to the petitioners because they accepted the acquisition of their land. In support of his argument, learned counsel has placed reliance on Para 8 of a judgement of Hon'ble the Supreme Court in the case of Ashwani Kumar Dhingra v. State of Punjab, 1992(2) RRR 139 : (1992)2 SCC 592.