IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CWP No. 11041 of 2009 (O&M) Date of decision: 10.02.2010 Gurdeep Singh & ors. ....Petitioners Vs. State of Punjab & ors. ....Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.J.S.Brar, Advocate and Mr.H.R.Bhardwaj, Advocate, for the petitioners, Mr.Suvir Sehgal, Addl, AG, Punjab. 1.To be referred to the Reporter or not? 2.Whether the judgment should be reported in the digest? M.M.Kumar J. The petitioners have approached this Court with a prayer for issuance of directions to the respondents to pay compensation along with interest at the rate of 24% per annum for illegally occupying/acquiring their land without payment of any compensation, either under the Land Acquisition Act 1884 ( for short 'the Act') or any other law. Facts which have lead to the filing of the instant petition are that the possession of the land in dispute was taken on 17.12.2001 from the petitioner for the purpose of construction of Ghanga Kalan Reclamation Channel (Muktsar). No notification, either invoking emergency provision or otherwise was issued at the time of taking possession. However, notification under Section 4 of the Act was issued on 30.01.2002 for construction of reclamation channel in Tehsil Jalalabad, Distt.Ferozepur RD 0-44500 off taking RD CWP No. 11041 of 2009 (O&M) -2- 125850/R Main Branch Tehsil Jalalabad Distt.Ferozepur (Annexure P1). Thereafter, notification under Section 6 of the Act was also issued on 05.02.2003 (Annexure P2). It is conceded position in Paragraph 1 of the preliminary submission made by respondent Nos.1 & 4 of its reply that the notifications have lapsed because award could not be pronounced within the statutory period of two years. It is asserted that fresh proceedings for acquisition of land are likely to be initiated. However, the petitioners are left high and dry as they have been neither left with land nor paid any compensation/damages. We asked Mr.Suvir Sehgal, learned Addl.A.G. (Punjab) for specifying time within which the acquisition proceedings would be initiated. After obtaining instructions from Sh.Shamsher Singh, Sado-Ke-Zilledar, Jalalabad, Sub-Division Amir Khas, Eastern Canal Division, Ferozepur, he has stated that it would take six months. Having heard the learned counsel for the parties, we are of the considered view that the petitioners have been treated harshly by the respondent. Firstly, they are deprived of their land and then no compensation has been paid for their land for the last about 9 years. The notifications issued under Section 4 & 6 of the Act in the years 2002 and 2003 have been permitted to lapse. In these circumstances, we accept the prayer made by the learned counsel for the petitioner and deem it just and appropriate to direct respondent Nos.2 & 3 to assess the damages in respect of the land of the petitioners at the rate of Rs. 20,000/- per acre per annum from the date of acquiring possession, i.e., 27.12.2001 upto 30.06.2010 CWP No. 11041 of 2009 (O&M) -3- and pay them the amount so calculated along with 9% interest. The needful shall be done within two months from today. However, damages beyond 30.06.2010 can be calculated and paid up from the date of issuance of notification under Section 4 of the Act and the compensation with regard to the acquisition of the land has to be paid if any notification under Section 4 of the Act is issued and the award is passed as per the rates given in the award. The petitioners are at liberty to file fresh petition if no acquisition proceedings are initiated by the respondents within 6 months from today. In view of above, writ petition stands disposed of. (M.M.Kumar) Judge 10.02.2010 (Jitendra Chauhan) sailesh Judge