Civil Writ Petition No. 8098 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 8098 of 2011 Date of Decision :11.7.2011 Karnail Singh & others .......... Petitioners Versus State of Punjab & others ...... Respondents **** CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Nakul Sharma, Advocate for the petitioners. Mr. Manohar Lal, Addl. A.G., Punjab. **** JASBIR SINGH, J. (ORAL) The petitioners are the poor farmers, whose land was taken in possession and used by the Government in the year 2001, without payment of any compensation. They have filed this writ petition with a prayer that the direction be issued to the respondent- authorities to pay them compensation with interest for the land which has been used to construct Ghanga Kalan Reclamation Channel. Record reveals that reply has not been filed, however, Mr. Manohar Lal, Addl. A.G., Punjab states that Sh. Charanpreet Singh, Ziledar is present in the Court and on getting instructions from him he can still defend this case. Civil Writ Petition No. 8098 of 2011 -2- Heard. It is apparent from the record that to acquire petitioners' land, to construct Ghanga Kalan Reclamation Channel from RD-O- 4500 off taking at RD125850/R Main Branch in Tehsil Jalalabad, District Ferozepur, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 30.1.2002, followed by a declaration under Section 6 of the Act on 5.2.2003. Admittedly, thereafter possession of the land was taken over by the State Government, however, no award was passed. This fact has been admitted by the State counsel on instructions from Sh. Charanpreet Singh, Ziledar, Eastern Canal Division, Ferozepur. If that be so, we feel that action of the respondents deserves to be deprecated. Poor farmers' land has been used, however, no steps were initiated to pay compensation for the same. After issuance of declaration under Section 6 of the Act on 5.2.2003, it was incumbent duty of the authorities to pass an award within one year of publication of abovesaid declaration, however, nothing was done. The authorities woke up only when this writ petition was filed. Sh. Manohar Lal, Addl. A.G., Punjab stated that papers are ready to issue fresh notification under Sections 4 & 6 of the Act. Be that as it may, it is not in dispute that petitioners' land is under unauthorised occupation of the State. It is contention of the counsel for the petitioners that let direction be issued to the respondents to pay compensation towards use and occupation for the land under their possession. To say so reliance has been placed Civil Writ Petition No. 8098 of 2011 -3- on a judgment of this Court in CWP No. 11041 of 2009 titled as 'Gurdeep Singh and others vs. State of Punjab and others' decided on 10.2.2010. Perusal of the judgment indicate that situation was the same in that case. Therein also after issuing notification under Sections 4 & 6 of the Act, land of the owners was taken in possession and was used for a public purpose, however, without payment of compensation. Taking note of the same, this Court in Gurdeep Singh's case (supra) observed as under :- “Having heard the learned counsel for the parties, we are of the considered view that the petitioners have 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 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 Civil Writ Petition No. 8098 of 2011 -4- 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.” For unauthorised use and occupation of the land of the owners, the State Government was directed to pay compensation @ Rs. 20,000/- per acre per annum from the date when possession of the land was taken over by the authorities. As per information supplied by the State counsel SLP No. 14813 of 2010 filed by the State of Punjab, against the abovesaid judgment was dismissed by the Hon'ble Supreme Court vide order dated 5.7.2010. (A photo copy of the order has been shown to this Court at the time of arguments.) In Gurdeep Singh's case (supra) and in this case the land was purposed for acquisition vide the same notifications dated 30.01.2002 and 5.2.2003. Under the circumstances mentioned above, we allow this writ petition and direct the respondents to pay compensation to the petitioners for use and occupation of the land @ Rs. 20,000/- per acre per annum from the date when possession of the land was taken by the authorities i.e. 27.12.2001 upto today. The petitioners are also held entitled to get interest @ 9% per annum. Liberty is granted to the respondents to acquire the land as per law, if need be. If the land is not acquired within three months from today, the Civil Writ Petition No. 8098 of 2011 -5- petitioners shall be entitled to claim compensation towards use and occupation charges at the rate mentioned above till such time the land remains under unauthorised possession of the respondents. (JASBIR SINGH) JUDGE 11.7.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE