C.M. No. 4375 of 2010 and LPA No. 1439 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 29.11.2010 C.M. No. 4375 of 2010 and LPA No. 1439 of 2010 Bharat Petroleum Corporation Limited ….. APPELLANT VERSUS Omvir and others ….. RESPONDENTS LPA No. 1440 of 2010 Bharat Petroleum Corporation Limited ….. APPELLANT VERSUS Sukhram and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Raman Sharma,Advocate, for the appellant. Mr. B.S.Tewatia, Advocate, for respondents No. 1 to 6 (in LPA No. 1439 of 2010) for respondents No. 1 to 4 (in LPA No. 1440 of 2010) *** Jasbir Singh, J. (Oral) C.M. No. 4375 of 2010 For the reasons mentioned in the application, the same is allowed. Delay of 30 days in filing the appeal is condoned. C.M. No. 4375 of 2010 and LPA No. 1439 of 2010 2 LPA Nos. 1439 and 1440 of 2010 This order will dispose of LPA No. 1439 of 2010 titled as Bharat Petroleum Corporation Limited vs. Omvir and others and LPA No. 1440 of 2010 titled as Bharat Petroleum Corporation Limited vs. Sukhram and others. To dictate order, the facts are being taken from LPA No. 1439 of 2010. This appeal has been filed against interim order dated 03.08.2010, which reads thus:- “ Admitted. In the meantime, the enhanced amount of compensation shall be disbursed to the land owners on their furnishing adequate security to the extent of 25% of the enhanced compensation. C.M. for stay stands disposed of.” As per facts on record, land of the respondents was acquired for setting up a POL Depot i.e. Pipeline Terminal and Link Road for the Plant of Bharat Petroleum Corporation Ltd. The land was acquired way back in the year 2004. After pronouncement of the Award, land owners moved an application under Section 18 of the Land Acquisition Act, 1894 (in short 'the Act'). The competent Court enhanced the amount of compensation than the one granted by the Land Acquisition Collector. Appeals were filed by the appellants against orders passed by the competent Court. In those appeals, cross-objections were also filed by the land owners for further enhancement of compensation. The appeal was C.M. No. 4375 of 2010 and LPA No. 1439 of 2010 3 admitted on 03.08.2010 and the enhanced amount of compensation was ordered to be released to the land owners subject to furnishing security to the extent of 25% of the enhanced amount of compensation. We feel that order passed is perfectly justified. Dismissed. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE November 29, 2010 pj C.M. No. 4375 of 2010 and LPA No. 1439 of 2010 4