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2022 Supreme(P&H) 1459

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Rajender Singh & Anr. - Appellants
Versus
State of Haryana & Ors. - Respondents
C.R. No. 814 of 2020 (O&M) and other Connected Cases
Decided On : 15-09-2022

Advocates Appeared:
Mr. Akshay Jindal, Advocate, Mr. Pritam Singh Saini, Advocate, for Hsiidc, Mr. Deepak Sabherwal, Advocate, Mr. Anil Chawla, Advocate, Mr. P.K.Dwivedi, Advocate, Mr. Suresh Ahlawat, Advocate, Mr. G.S.Shahpuri, Advocate, Mr. B.R.Mahajan, Sr. Advocate with Mr. Harsh Vardhan Sherawat, AAG, Haryana and Mr. J.S.Jammu, AAG, Haryana, Mr. Vandit Jain, Advocate for, Mr. Vipin Pal Yadav, Advocate, Mr. B.K.Bagri, Advocate, Mr. Sudhir Aggarwal, Advocate, Mr. Kuldeep Sharma, Advocate and Mr. R.N.Lohan, Advocate, Mr. Amit Jain, Advocate, Mr. Gaurav Aggarwal, Advocate, Mr. Madan Pal, Advocate, Mr. Anil Kumar, Advocate, Mr. Nikhil Chopra, Addl.A.G., Punjab., Mr. Harsh Vardhan, AAG, Haryana, Counsel for the Appearing Parties.

Headnote:

Judgment - Land Acquisition - Code of Civil Procedure - Section 115 - Land Acquisition Act, 1894 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - 26, 33, 18, 64, 28-A - The judgment discusses the interpretation of the provisions of the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in the context of filing execution petitions for enhanced compensation without an enforceable judgment or decree in favor of the co-sharers. The court analyzes the statutory scheme, the concept of co-owners representing other co-owners, and the limitations for filing applications for redetermination of compensation. It concludes that in the absence of a judgment or decree in favor of the co-sharers, execution petitions are not maintainable.

Fact of the Case:

The judgment disposes of 115 civil revision petitions and a Civil Writ Petition filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908. The court addresses two main issues: (1) Whether co-sharers can file an execution petition for enhanced compensation without an enforceable judgment or decree in their favor, and (2) Whether orders passed by Lok Adalats, based on concessions granted by officials under a misconception of law, are binding.

Finding of the Court:

The court finds that execution petitions for enhanced compensation are not maintainable in the absence of an enforceable judgment or decree in favor of the co-sharers. It also holds that awards passed by Lok Adalats based on misconceptions of law are without jurisdiction and not binding.

Issues: The court addresses the issues of the maintainability of execution petitions for enhanced compensation and the binding nature of awards passed by Lok Adalats based on misconceptions of law.

Ratio Decidendi: The court's decision is based on the interpretation of the statutory provisions of the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It emphasizes the requirement of an enforceable judgment or decree for the maintainability of execution petitions and the limitations for filing applications for redetermination of compensation. The court also highlights the lack of jurisdiction and non-binding nature of awards passed by Lok Adalats based on misconceptions of law.

Final Decision: The court declares that execution petitions for enhanced compensation are not maintainable in the absence of an enforceable judgment or decree in favor of the co-sharers. It also holds that awards passed by Lok Adalats based on misconceptions of law are without jurisdiction and not binding. Consequently, all the revision petitions/writ petition are disposed of.

JUDGMENT

Anil Kshetarpal, J. - This judgment shall dispose of 115 civil revision petitions and a Civil Writ Petition (details whereof are at the foot of the judgment) filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC').

2. After having heard the learned counsels representing the respective parties, the following questions arise for adjudication:-

    (1) Whether on the basis of a judgment of the Court enhancing the compensation of acquired land passed in the case(s) filed by a co-sharer with respect to his own share in undivided/joint land, the other co-sharer(s), who did not file any petition, can file an execution petition to claim the enhanced compensation without any enforceable award/judgment in his/their favour when the petition had been filed by the other co-sharers on their on behalf and not on the behalf of all co-sharers?

    (2) Whether the orders passed by the Lok Adalats, on the basis of concession granted by the officials under the misconception of law, are binding, particularly in the absence of a conscious decision of the concerned Organization /Institution/ Corporate entity/ State Government/juristic person?

    3. DISUCSSION

    ISSUE NO.1

    3.1 On the one hand, the learned counsels representing the landowners while relying upon the following judgments A. Viswanatha Pillai vs. Special Tehsildar for Land Acquisition, (1991) 4 SCC17, Surjit Singh and othes vs. State of Haryana and another, 2007 (1) R.C.R.(Civil) 352, Ram Chander and others vs. The State of Haryana and another, 2016 (4) Law Herald 3533, Smt. Parwati and another vs. The State of Haryana and another, 2009(5) R.C.R.(Civil) 572, Sombir and others vs. State of Haryana and others, CWP-35666 of 2019, decided on 09.12.2019), Patiala Improvement Trust through its C hairman vs. S. Amar Singh and others, 2005(2) RC.Rfcivil) 332, Ramesh Singh (died) by LRs vs. State of Haryana, (1996) 4 SCC 469, and Punjab Small Industries and Export Corporation vs. Randhir Singh and others, 2022 (2) R.C.R.(Civil) 520, contend that once the market value of the acquired land of the co-sharers has been enhanced by the Court, the remaining co-sharers can file an execution petition without any judgment or decree in their favour. In substance, their main argument is that the State cannot discriminate with its subjects, particularly when they are identically situated in a case. The provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act') are required to be interpreted in a manner which ensure that all the land-losers get adequate, fair and reasonable compensation for the compulsory acquisition of their land.

    3.2 . Per contra, the learned Advocate General, Haryana, while referring to the provisions of Section 18 of the 1894 Act and Section 64 of the 2013 Act contends that the concept of the co-owners representing the other co-owners while filing a petition under Section 18 of the 1894 Act or Section 64 of the 2013 Act, as the case may be, is not envisaged in any of the Acts. While elaborating, he submits that any person interested in the compensation and who has not accepted the award of the Collector, is required to file a written application to the Collector in this regard. In the absence of a written application, such interested person shall not be entitled to object the correctness of the amount offered by the Land Acquisition Collector (hereinafter referred to as 'the LAC') except under Section 28A of the 1894 Act i.e only when there is an enhancement in the amount of market value of the acquired land by the Reference Court (hereinafter referred to as 'the RC'). For filing an application under Section 28A of the 1894 Act, the interested person shall apply within a period of 3 months from the date of judgment of the R

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