IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7644 of 2010 Date of decision: 04.05.2011 Surjit Singh and others …..Petitioners versus Union of India and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Jaspal Singh Maanipur, Advocate for the petitioners Mr.D.S.Bishnoi, Advocate for respondent Nos.1 and 2 Mr.Manohar Lall, Addl.A.G. Punjab for respondent No.3 alongwith Ms.Babita Kaler, District Transport Officer, Jalandhar exercising the powers of Special Land Acquisition Collector Jalandhar Jasbir Singh, J. (Oral) Petitioners are the land owners, whose land was acquired way back in the year 1969, by invoking the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952. The amount assessed by the competent authority was paid to them. They were not satisfied. The matter was referred to an Arbitrator for determination of fair compensation. Vide an Award passed on 13.5.1977, amount of compensation was enhanced. Thereafter, they came to this Court and the amount of compensation was further enhanced on 18.2.1986 (FAO No.323 of 1977). It is their case that after passing of an award by the Arbitrator, part payment was made towards CWP No.7644 of 2010 enhanced compensation and rest of the amount was not paid despite many requests made by them. Taking note of the above said factual position, notice of motion was issued. In response thereof, reply was filed by respondent Nos.1 and 2, wherein it was stated that the amount of compensation was deposited with the Special Land Acquisition Collector at Jalandhar. It was further stated that as per information received, the petitioners/ their predecessor in interest were not interested to accept the compensation amount and the same was lying deposited in the Court under the Head ‘Revenue Deposits’. Taking note of the above said averment made by respondent Nos.1 and 2, we impleaded Special Land Acquisition Collector, Jalandhar as respondent No.3 on 17.11.2010. Respondent No.3 has filed an affidavit. Paragraph Nos.4 and 5 of the affidavit read thus:- “Para No.4 That the enhanced compensation was awarded by the Arbitrator vide Annexure P-1. The respondents No.1 and 2 had deposited Rs.1,14,50,421/- (Rupees One Crore fourteen lac fifty thousand four twenty one only). In case Narain Singh Vs Union of India in the court of Magistrate Patiala vide receipt dated 14.1.1991. A true copy of receipt dated 14.1.1991 is attached herewith marked as Annexure R-3/1. Para No.5. That Respondents No.1 and 2 had not deposited any enhanced amount of compensation under Arbitration award dated 13.5.1977 and as such the deponent is not liable to release any amount to the petitioners. It is further submitted that no amount of compensation is lying deposited with the Deponent. Even the petitioners had sent the legal notices to respondent No.1 & 2 for making payment of interest on 2 CWP No.7644 of 2010 delayed compensation/ enhanced compensation to them. Therefore the deponent prays before this Hon’ble Court for dismissal of the writ petition qua her.” Receipt (R-3/1) dated 14.1.1991 has also been put on record to show that an amount of Rs.1,14,50,421/- was deposited by respondent Nos.1 and 2 with the competent Court at Patiala. Under the circumstances, we feel that no relief can be granted to the petitioners in this writ petition. An award was passed in the year 1977. Thereafter amount of compensation was enhanced on 18.2.1986. The order passed by an Arbitrator is an executable order. If the petitioners feel that amount of compensation has not been paid to them, they may, if permissible under law, move an application to get that amount before the competent Court at Patiala. Disposed of. (Jasbir Singh) Judge 04.05.2011 (Rakesh Kumar Garg) gk Judge 3