CWP No. 7244 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7244 of 2010 Date of Decision 19.5.2010 Pratap Chand -----Petitioner Versus State of Punjab and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Rajesh Narang, Advocate for the petitioner. Mr. Suvir Sehgal, Addl. A.G., Punjab for respondent Nos. 1, 3 and 4 Mr. Puneet Jindal, Advocate with Ms. Anubhuti Walia, Advocate for respondent No.2. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. In this petition filed under Article 226 of the Constitution, petitioner has prayed for issuance of a writ of mandamus directing respondents to release the due amount of compensation along with up to date interest for acquiring his land comprised in Rect. No. 38, Killa No. 12/1 (2-0), situated at Village Awa, Tehsil Fazilka, District CWP No. 7244 of 2010 2 Ferozepur. A written statement on behalf of the respondent No. 3 by way of affidavit of Sh. Ajay Sood Sub Divisional Magistrate-Cum-Land Acquisition Collector, Fazilka has been filed in the Court, which is taken on record. According to the affidavit, out of 2 Kanals of land comprised in Rectangle No. 38, Kila No. 12/2 (2-0), village Awa, Tehsil Fazilka, District Ferozpur, only area of 1 kanal 8 marlas was utilized for construction of new BG rail link between Abohar and Fazilka. The compensation at the market rate amounting to Rs. 88453/- has been paid to the petitioner by Cheque No. 542164 dated 14.05.2010. In that regard a receipt given by the petitioner has been attached with affidavit (Annexure R1 & 2). The respondents have claimed that no other amount is due to petitioner. Mr. Rajesh Narang, learned counsel for the petitioner has, however, stated that notification under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') was issued for acquisition of 2 kanals of land and actual utilized area is 1 kanal and 8 marlas. Even compensation paid is for 1 kanal 8 marlas. However, in the revenue record, entry shows 1 kanal and 12 marlas of land, which is erroneous. Therefore, he submits that the revenue record should be corrected and respondent Nos. 1 to 3 should not raise any hurdle in the correction of the revenue record to that extent of 4 marlas. He further states that petitioner is entitled to move for enhancement in accordance with law. After hearing the learned counsel for the parties, we dispose of CWP No. 7244 of 2010 3 the writ petition with liberty to the petitioner to file an appropriate application before the Sub Divisional Magistrate-cum-Land Acquisition Collector, Fazilka, bringing his aforesaid grievances to the notice of Sub Divisional Magistrate-cum-Land Acquisition Collector, Fazilka who shall pass an appropriate order on his application. Petitioner shall be at liberty to file application for enhancement in accordance with law. The writ petition stands disposed of. (M.M. KUMAR) JUDGE (JITENDRA CHAUHAN) JUDGE May 19, 2010 Atul