Civil Writ Petition No.1703 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.1703 of 2008 Date of Decision: January 07, 2009 Ram Kawar and others .......Petitioners Versus State of Haryana and others .......Respondents CORAM:- HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.Promila Nain, Advocate for the petitioners. Mr.Ashish Kapoor, Additional Advocate General, Haryana. Mr.AK Walia, Advocate for respondent No.3. --- ADARSH KUMAR GOEL, J. This petition seeks a direction for grant of compensation to the petitioners for their land which had been acquired in pursuance of notification dated 17.11.2005 under Section 4 of the Land Acquisition Act, 1894 which was followed by a notification under Section 6 of the said Act. In para 6 of the petition, it has been stated that the cheque of compensation has been given to someone else in respect of the land of the petitioners. In reply to the said para, the stand taken is that the cheque was given by inadvertence and the recovery is under process and the payment will be made to the petitioners as and when the recovery is effected. Civil Writ Petition No.1703 of 2008 -2- We have heard learned counsel for the parties and have perused the record. In view of admitted fact that for the land of the petitioners which has been acquired by the respondents, the petitioners have not been paid compensation as awarded and someone else has been paid the compensation, the State cannot deny payment of compensation to the petitioners on the ground that payment will be made only after recovery is made from the person to whom the payment was made by mistake. The petitioners cannot be made to suffer for the mistake of the respondents. Accordingly, this petition is disposed of with a direction that the amount in question be paid to the petitioners in accordance with law within three months from the date of receipt of a copy of this order. Learned counsel for the petitioners refers to order of this Court in an identical matter being Annexure P4 and states that the petitioners therein were later on awarded interest. If that is so, the respondents may check up the same and consider the claim of the petitioners for parity in the matter of interest. ( ADARSH KUMAR GOEL ) JUDGE ( JITENDRA CHAUHAN ) January 07, 2009 JUDGE SRM