IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.21348 of 2010 Date of decision: 1.12.2010 Krishan Lal and others …..Petitioners versus State of Haryana and another ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.R.P. Singh Ahluwalia, Advocate for the petitioners Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer for issuance of a writ of mandamus, directing the respondents to pay compensation to the petitioners for the land acquired vide notification dated 13.1.1984/16.1.1984. It is case of the petitioners that qua the above said land, award was passed on 4.7.1984, however, despite representations made, amount of compensation was not paid to them. The petitioners, in the year 2007 got detailed information under the Right to Information Act, 2005, which reads thus:- “1. Amount Revenue deposit Part 11 in advance not bearing interest is lying deposited in 8443 Revenue Deposit and Civil Writ Petition No.21348 of 2010 unpaid amount of compensation of the whole village is lying deposit in one RD and is not separately deposited in the name of any individual landowner. 2. Payment has been got stopped by the applicant by filing a civil suit, vide stay order dated 2.7.1984 in the Court of Sh.V.M. Jain, Additional Distt. Judge, Ambala. 3. Payment in paid register is lying deposited in the Punjab and Haryana High Court at Chandigarh in appeal No.204/97 vide dispatch register No.73 dated 16.5.2005. 4. No order regarding payment has been received from the Court.” Heard counsel for the petitioners. Reading of the passage extracted above, clearly indicates that the petitioners filed a suit in which interim stay was granted to the effect that compensation amount be not disbursed in favour of the defendants therein. Reading of an interim order, passed by the Court of Additional District Judge at Ambala (P1) indicates that there was some dispute between the petitioners and the defendants (named in that suit), regarding ownership of the land in dispute. In this writ petition, it is stated that during Mandal Commission Agitation in the year 1991, file of the suit was destroyed in fire and thereafter it was not restored. We are not ready to accept the above said contention. During the intervening period i.e. between the date of filing of the suit mentioned above, till the time the file was destroyed, what proceedings were taken by the Court below are not mentioned. The private defendants therein might have put in appearance and may have raised their objections to the claim raised by the petitioners. In that regard, no information has been supplied. It is not coming out from the record that if 2 Civil Writ Petition No.21348 of 2010 destroyed in fire, as to why no attempt was made to get the file restored. It is apparent from the records that the authorities have not disbursed the compensation amount to the petitioners on account of pending suit between the parties. It is also not in dispute that in some other dispute regarding disbursement of compensation, the register in which entries have been made, regarding amount of compensation was summoned by this Court and is not available with the authorities. What are those proceedings, why register regarding payment of compensation has been requisitioned by this Court, is not coming out from the records. Not only as above, the private respondents who were arrayed as party in the suit filed by the petitioners are not impleaded in this writ petition. In their absence, possibly, no order on payment of compensation can be passed in favour of the petitioners. Contention of counsel for the petitioners that the authorities have committed a wrong by not depositing the compensation amount with the competent Court has no relevance to decide this dispute. This petition has also been filed at a very belated stage. No case is made out for interference at the instance of the petitioners. Dismissed. However, the petitioners may pursue any other legal remedy available to them. (Jasbir Singh) Judge 01.12.2010 (Augustine George Masih) gk Judge 3