IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.3626 of 2011(O&M) Amritsar Swadeshi Textile Corporation Private Limited …..Petitioner versus The Chairman, National Highways Authority of India and others ……Respondents Present: Mr.Arun Kathpalia, Advocate for the petitioner Mr.Krishan Gopal Sharma, Advocate for respondent No.1 Mr.Manohar Lall, Addl.A.G. Punjab for respondent No.2 Mr.Alok Jagga, Advocate for respondent No.3 Mr.Rohit Sapra, Advocate for respondent No.4 Mr.Sanjeev Bansal, Advocate for respondent Nos.5 to 7 Civil Writ Petition No.3881 of 2011 Date of decision: 19.07.2011 V.K.Khanna …..Petitioner versus Sub Divisional Magistrate-cum Land Acquisition Collector, Amritsar and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Sanjeev Bansal, Advocate for the petitioner Mr.Manohar Lall, Addl.A.G. Punjab for respondent No.1 Mr.Krishan Gopal Sharma, Advocate for respondent No.2 Mr.Arun Kathpalia, Advocate respondent Nos.3 to 6 Jasbir Singh, J. (Oral) C.M. No.8433 of 2011 Counsel for the petitioner has moved this application with a prayer that 79% of the amount be released in its favour and remaining 21% amount may be released in favour of respondent Nos.5 to 7 against surety. Civil Writ Petition No.3626 of 2011(O&M) However, at the time of arguments in this application, as the dispute stood amicably resolved, counsel for the parties requested that the two writ petitions filed by the parties against each other may be disposed of finally by taking them on board. With the consent of counsel for the parties, CWP No.3626 of 2011 and one other connected writ petition No.3881 of 2011, titled as V.K.Khanna versus Sub Divisional Magistrate-cum Land Acquisition Collector, Amritsar and others, which are pending admitted, are taken on board for final disposal today. CWP No.3626 of 2011 & CWP No.3881 of 2011 This order will dispose of two writ petitions bearing Nos.3626 and 3881 both of 2011, involving similar question of law and facts. For facility of reference, facts are being mentioned from CWP No.3626 of 2011. The petitioner has filed this writ petition with a prayer that directions be issued to respondent No.2 to release the amount of compensation to it, which is payable by respondent No.2 towards acquisition of its land/ building. It is further prayed that directions be issued to release amount to the extent of 79% out of total amount of compensation amounting to Rs.43,96,37,716/- along with interest. When these matters came up for hearing on 22.3.2011, following order was passed by this Court:- “Notice of motion. Mr.Sanjiv Bansal, Advocate accepts notice on behalf of respondent Nos.5 to 7, Mr.Alok Jagga, Advocate on behalf of respondent No.3 and Mr.Rohit Sapra, Advocate on behalf of respondent No.4. Notice on respondent Nos.1 and 2 be served dasti also. In this writ petition, there exists serious dispute as to which of the parties, whether the petitioner or respondent 2 Civil Writ Petition No.3626 of 2011(O&M) Nos.5 to 7 are entitled to get amount of compensation apportioned which has been deposited by the competent authority. Matter is pending before the Reference Court, which has entertained an application under Section 30 of the Land Acquisition Act, 1894. Matter is also pending before the Company Judge under the provisions of Section 433(f) of the Companies Act, 1956. Heard. Needs consideration. Admit. Put up for hearing within six months.” During the course of hearing of the case, counsel for the parties have arrived at a consensus and they have received instructions from their clients in this regard. As per agreed stand taken, out of the total amount of compensation, which includes statutory benefits under the National Highway Act, 1956, plus interest, minus TDS, the petitioner i.e. Amritsar Swadeshi Textile Corporation Private Limited shall pay an amount of Rs.Six crore to the Banks towards discharge of its existing liability. After payment of that amount, out of the balance amount, 21% shall be paid to respondent Nos.5 to 7. Remaining 79% of the amount shall be released in favour of the petitioner i.e. Amritsar Swadeshi Textile Corporation Private Limited. Out of this 79% amount, the petitioner shall be responsible for clearing/ settling the remaining existing liabilities of the Banks, if any. Both the parties shall file an undertaking in this Court within fifteen days from today that in case decision in the pending litigation goes against any of the parties, the said party shall return the amount within two months from the date of that order alongwith interest @ 7% (simple). The amount shall be released by the Sub-Divisional Magistrate-cum-Land Acquisition Collector-1 Amritsar (Respondent No.2) to the party, on 3 Civil Writ Petition No.3626 of 2011(O&M) furnishing proof of filing of the undertaking, as mentioned above, in this Court. This order is being passed without prejudice to the rights of the parties, including their status, subject to any order to be passed in the pending litigation. At this stage, Mr.Kathpalia makes a request that respondent No.1 – National Highways Authority of India be asked not to take possession of the land under acquisition for some period so that its factory can be re-located. For the said purpose, the petitioner may move an application to the competent authority for seeking time, which we feel, will be considered sympathetically. Both the writ petitions stand disposed of. (Jasbir Singh) Judge 19.07.2011 (Augustine George Masih) gk Judge 4