The duty of the government to ensure adequate compensation to citizens when acquiring their property.

ORDER

1. This writ petition has been filed by the petitioners under Article 226/227 of the Constitution of India seeking the following reliefs:-

'1. Allow the present Petition.

2. Pass an appropriate writ, order or directions in the natureCalculation sheet is also attached separately as (Annexure-D).of mandamus directing the Respondents to forthwith make payment of an amount of Rs.1,30,57,640/- as compensation for the subject Bungalow, situated 153, 154, 154-A, Mall Road, Mhow, District Indore along with interest @12% per annum from the date of compulsory resumption i.e., 01.04.2009, in terms of the Award dated 30/11/2011, within a period of 4 (four) weeks from the date of final judgement passed by this Hon'ble Court.

3. Direct the Respondents to pay Rs.10,00,000/- (Rupees ten lakhs only) to the Petitioners for causing a delay in payment of compensation.

4. Award the cost of the present Petition to the Petitioner.

5. Pass any other order, writ or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.'

2. The grievance of the petitioners is of non-execution of the arbitration award passed by the Competent Arbitration Committee dated 30/11/2011, this is despite being an order passed by this Court on 02/03/2020 in WP No.4117/2020, wherein the executing Court was directed to decide the execution case within four months' time without granting unnecessary adjournments to the respondents.

3. Learned counsel for the petitioners has submitted that even after passing of the aforesaid order, and despite giving numerous undertakings by the respondents before the executing Court for compliance of the award, no action has been taken by the executing Court nor the respondents themselves and the petitioners are running from pillar to post to get the compensation in respect of their bungalow which was resumed by the Union of India (Defence Department) for their own purpose. Thus, it is submitted that the respondents be directed to pay the amount expeditiously. Reliance is also placed by the counsel for the petitioners upon an order passed by the coordinate Bench of this Court presided over by Shri Justice A.M. Sapre (as his Lordship then was), in WP No.4186/2005 dated 07/09/2006, in an identical matter.

4. A reply to the petition has also been filed and it is submitted that the award which is sought to be executed from the lower Court is not actually an award in terms of the Arbitration Act, 1996 (hereinafter referred to as the Arbitration Act) in fact it is only a recommendation given to the Government of India which has already been rejected by the Ministry of Defence vide its letter dated 08/03/2022, a copy of the order is also placed on record.

5. Learned counsel appearing for the respondents have submitted that the aforesaid recommendation made by the Arbitration Committee were not in consonance with the principles of procedures of the Ministry of Defence dated 18/12/2009, and the appendix there to, hence, it could not be sustained.

6. Shri Sapan Kumar, the Defence Estate Officer, Mhow (hereinafter D.E.O.) present in the Court has submitted that he has given various undertakings before the Court and the letters issued by him to the Principal Director of Ministry of Defence have also been filed on record but he has sent those letters in his capacity as DEO only and he is also bound by the orders issued to him from his superiors.

7. Ms. Bhawna Singh, the Director General Commandment, Lucknow also present in the Court has also submitted that the award itself is not actually an award but only a recommendation and cannot be executed in the Trial Court. Hence, their inability to satisfy the same may be excused and the petition be dismissed.

8. Heard learned counsel for the parties and perused the record.

9. From the record, it is found that it is not in dispute that the execution case No.139/2013 filed by the petitioners is pending in the Court at Mhow for execution of the award dated 30/11/201