CR No.5317 of 2005 - 1 - In the High Court of Punjab and Haryana at Chandigarh Date of decision: 06.09.2010 Shami Bhalla and others ... Petitioners Versus Sneh Lata and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: None for the petitioners. Mr.SS Salar, Advocate,for respondent Nos. 1 and 2. Mr.Jatinder Kumar, Advocate, for Mr.Pardeep Bhandari, Advocate,for respondent No.3. PERMOD KOHLI, J. ( Oral ) This revision petition is directed against the order dated 16.04.2005, 16.05.2005 and 11.06.2005 collectively placed on record as Annexure P-6 whereby a direction has been issued by way of interlocutory orders to deposit the excess amount. The State Government vide notification dated 20.10.1994 sanctioned under Section 42 of the Punjab Town Improvement Act, 1922, acquired the land measuring 94.5 acres in village Jalandhar, Revenue Estate of Jalandhar, Tehsil and District Jalandhar. The Land Acquisition Collector, Jalandhar Improvement Trust, passed an award dated 29.10.1993 awarding compensation at the rate of Rs.10,000/- per marla for all kinds of lands. Solatium at the rate of 30 per cent was also awarded. Apart from that, 12 per cent increase on the market value from the date of notification under Section 36 of the Punjab Town Improvement Act, 1922 was also granted. The Land Acquisition Tribunal vide its award dated 08.05.2002 directed for release of the amount to the persons whose sale deeds were registered prior to the acquisition of the land. The petitioners were accordingly paid the amount after due verification of their title etc. CR No.5317 of 2005 - 2 - Respondent Nos. 1 and 2 filed an application before the learned District Judge, Jalandhar, for recovery of the amount from the petitioners. After obtaining response from the petitioners, issues were framed on 16.04.2005. Even the parties were asked to file affidavits of the witnesses. The Tribunal passed an order for deposit of the alleged excess amount before the Tribunal on 16.04.2005 itself. The case was adjourned to 16.05.2005 and the direction to deposit the amount has been repeated. The case was again adjourned to 11.06.2005 and thereafter to 24.09.2005 for the evidence of the applicants but the direction to deposit the excess amount was reiterated in the subsequent orders as well. It is against this direction of the deposit of the excess amount that the petitioners have filed the present revision petition before this Court. From the impugned orders, it appears that the same has been passed in a most casual manner without determining the issues at all. Such a recourse is impermissible in law. The impugned orders are, thus, liable to be set aside. In view of the above, the present revision petition is allowed. The impugned orders are set aside to the extent it directs the petitioners to deposit the excess amount. Though this revision petition is being allowed, however, it shall have no bearing on the rights of the parties to be determined finally in the lis pending before lower Court. Learned District Judge, Jalandhar, shall also expedite the disposal of the matter, if not already disposed of. 06.09.2010 (PERMOD KOHLI) BLS JUDGE CR No.5317 of 2005 - 3 -