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2011 Supreme(P&H) 1472
2011(4) LAW HERALD (P&H) (DB) 2966
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Jasbir Singh
The Hon’ble Mr. Justice Augustine George Masih
Civil Writ Petition No.5926 of 2011
Sukhmander Singh & Ors.
v.
State of Punjab & Ors.
{Decided on 05/08/2011}
For the Petitioners:Mr. K.B. Raheja, Advocate.
For the Respondent: Mr. Manohar Lall, Addl. A.G. Punjab
Land Acquisition--Delay in payment of compensation for severance of land--Lethargic attitude of the respondents is deplorable--State is burden with costs of Rs. One lacs.
Headnote:Constitution of India Act, 1950, Art.226--Compensation for severance of land--Delay and latches--Costs--The land was acquired way back in the year 1988--Award was passed on 2.3.1993--The amount was not assessed because a report was not sent by the Patwari--Nothing was done for a long period of ten years--Lethargic attitude of the respondents is deplorable--Respondents are burden with costs of Rs.One lakh to be paid to the petitioners equally Rs.25,000/- each--District Collector directed to conduct an enquiry and fix responsibility of the officer, who was negligent in not taking action in time and recover the amount from that officers--Land Acquisition Act, 1894 S.18 (Paras 4 & 5)
Mr. Jasbir Singh, J.(Oral). - On 4.7.2011, following order was passed by this Court:-
“In this writ petition, the petitioners pray that compensation amount for severance of their land, which was caused due to acquisition, has not been paid to them for the last about 15 years.
On 25.5.2011, following order was passed by this Court:-
“Reply by way of counter Affidavit of Prem Chand Executive Engineer Harike Canal Division, Ferozepur on behalf of respondent Nos.1 to 3 has been filed today in Court and the same is taken on record.
Learned State Counsel on instructions from Gurpal Singh, Ziledar, from the office of L.O. Drainage, Patiala assures the Court that requisite amount shall be disbursed to the petitioners, as per the entitlement, before the next date of hearing.
On request adjourned to 4.7.2011.
It is made clear that if the amount is not disbursed as stated above, the Land Acquisition Officer, Drainage, Patiala shall come present in Court on the next date of hearing to state the reasons of delay.”
In a very casual manner, today it has been stated by the State counsel that the statement made by Gurpal Singh, Ziledar on 25.5.2011 is not correct, in this case, award, regarding compensation to be paid towards severance of land of the land owners, has not been passed. It is further stated that letter dated 26.11.2010 was not signed by the Land Acquisition Officer, rather it was signed only by a Clerk.
We have failed to see any reason on the basis of which the State Government can deny compensation to the petitioners. They are the land owners whose land was acquired and on account of which some part of their land was severed and they suffered a loss. In the award passed by the Collector, it is specifically stated that regarding compensation to be paid towards severance of land of the petitioners, case was not processed and sent by the Patwari. It was so noticed by the District Judge, Faridkot when award was passed on 8.8.2000. Observation made reads thus:-
“It has been stated that due to severance, the land has been divided into two parts. This fact has not been mentioned by AW1 Sukhmander Singh in his statement. However, it has been mentioned in the award that the case of severance of the land has not been sent by the Patwari and as and when it would be sent, the same would be disposed of in accordance with law.”
Thereafter, by writing a letter (P3) in the year 2007, the Executive Engineer, Harike Canal Division, Ferozepur asked the Land Acquisition Officer to make arrangement for payment of compensation to the land owners. However, it appears that nothing was done. A very casual approach has been adopted by the authorities. The petitioners are running from pillar to post to get their due but the same has been denied to them without any justification. In a democratic set up, such an attitude is not tolerable and deserves to be deprecated.
Under the circumstances, we issue directions to Principal Secretary, Irrigation Department, Punjab at Chandigarh to see that before the next date of hearing, Award is passed regarding payment of compensation to the land owners for severance of their land, if not already passed. Arrangement be also made for disbursement of the compensation before the next date of hearing. If there is non-compliance to the order passed, the above said officer is directed to come present in Court on the next date of hearing.
On request made by Mr.Manohar Lall, Addl.A.G. Punjab, adjourned to 5.8.2011.
A copy of the order be given to the State counsel under signatures of Court Secretary for necessary compliance.”
2. Today, in Court, an affidavit has been put on record, wherein it is stated that an award, qua severance allowance, has been passed by the competent authority on 1.8.2011, copy of which has also been placed on record. As per that award, compensation amount of Rs.1,11,875/- was found due to the petitioner. The said amount has also been paid. Photocopy of the cheque issued is also placed on record
