CWP No. 20576 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 20576 of 2010 Date of decision: 20.12.2010 Iqbal Singh and others ….. PETITIONERS VERSUS State of Punjab and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. S.P.S.Tinna, Advocate, for the petitioners. Mr. Manohar Lall, Addl. A.G. Punjab. *** Jasbir Singh, J. (Oral) Reply on behalf of respondent No. 2 has been filed in Court. The same is taken on record. In this writ petition, it is grievance of the petitioners that despite their land having been acquired in the year 1999, qua which Award was passed in the year 2002, the authorities have not paid 20% of the amount of compensation. On 02.12.2010, following order was passed by this Court:- “ On 18.11.2010, following order was passed by this Court:- “In this writ petition, it is grievance of the petitioners that despite acquisition of their land in the year 1999 and award having been passed in the year 2002, only 80% of the amount of compensation has been paid to them, whereas balance amount has not been paid despite many representations made in that regard. CWP No. 20576 of 2010 2 Notice of motion. On our asking, Mr. Manohar Lall, Addl. A.G. Punjab, accepts notice on behalf of the respondents. Counsel for the petitioners is directed to supply him three copies of the writ petition during course of the day. Directions are issued to the authority concerned/Land Acquisition Collector to release balance amount of the compensation, if there is no legal hitch, before the next date of hearing. Adjourned to 2.12.2010.” The State counsel has failed to intimate as to what steps have been taken to redress grievance of the petitioners. On questioning the State counsel informs us that despite an intimation sent to the authority concerned vide letter dated 18.11.2010, nobody has contacted him, On request, adjourned to 6.12.2010. Principal Secretary, Department of Finance, Punjab, Civil Secretariat, Chandigarh is directed to come present in Court on the next date of hearing to explain the situation.” Thereafter, on 06.12.2010, this Court passed the following order:- “ Reply by way of short affidavit has been filed today in Court. The same is taken on record. In response to our order dated December 2, 2010, Principal Secretary, Department of Finance, Punjab, is present in Court. He states that pending clearance of administrative approval, amount shall be released in favour of the petitioners. The land was acquired in the year 1999. Award was passed in CWP No. 20576 of 2010 3 the year 2002. The petitioners are running from pillar to post to get their due, which the authorities are not releasing in their favour without any justification. Under the circumstances, we order that if there is no other legal hitch, administrative approval deemed to have been granted and the Department concerned is directed to make payment of balance amount of compensation to the petitioners within ten days from today. Adjourned to December 20, 2010. Presence of Principal Secretary, Department of Finance, stands exempted.” Counsel for the petitioners states that payment of compensation has been made. However, there remains some dispute regarding payment of amount of interest. The factum of payment of compensation has been admitted by filing an affidavit of Sh. Jasdeep Singh Aulakh, PCS, Sub-Divisional Magistrate-cum-Land Acquisition Collector, Abohar, District Ferozepur, in this Court. In view of above, this writ petition is disposed of granting liberty to the petitioners to agitate their claim regarding less payment of interest amount by filing an application under Section 18 of the Land Acquisition Act, if the petitioners wish to file that application, it be filed within a month from the date of receipt of copy of this order. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE December 20, 2010 pj