CIVIL WRIT PETITION NO. 20479 OF 2010 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: December 24 , 2010. Parties Name Jai Ram ...PETITIONER. VERSUS State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Augustine George Masih PRESENT: Mr. Parminder Singh, Advocate, for the petitioner. Mr. H.S.Sran, Addl. A.G., Haryana, for the respondents. JASBIR SINGH, J. (oral) JUDGMENT In this writ petition, it is contention of the petitioner that about 19 Marlas of land owned by him was used by the State authorities to construct a road, however, no compensation has been paid for the same. Taking note of this averment, following order was passed by this Court on November 17, 2010: “It is stated by counsel for the petitioner that his land was acquired by the authorities way back in the year 1997. However, till now, despite request made, award has not been passed. CIVIL WRIT PETITION NO. 20479 OF 2010 2- Notice of motion. Shri R.S.Kundu, Addl. A.G., Haryana, accepts notice. Counsel for the petitioner is directed to supply him four copies of the writ petition during course of the day. Respondents are directed to file an affidavit stating as to whether compensation has been paid to the petitioner or not. If not, an attempt be made to do it before the next date of hearing. Adjourned to December 8, 2010. It is made clear that if affidavit is not filed as directed, then the Collector, Karnal shall come present in Court on the next date of hearing. Copy of this order be supplied to the State counsel under signatures of the Court Secretary.” In response thereto, an affidavit of Shri K.K.Nain, Executive Engineer, Provincial Division No. 1, PWD(B&R) Branch, Karnal, was filed wherein, it is specifically stated that to acquire the above said land, notification under Section 4 of the Land Acquisition Act,1894 (in short the Act) was issued, the possession was taken and the land was used for construction of a road. However, acquisition proceedings were not finalised and no compensation was paid to the petitioner for that land. As directed by this Court vide order dated November 17, 2010, compensation was not offered to the petitioner. Taking note of the same, following order was passed by this Court on December 8, 2010: “State counsel assures this Court that the needful as directed by this Court vide order dated November 17, 2010, shall be done CIVIL WRIT PETITION NO. 20479 OF 2010 3- before the next date of hearing. On request, adjourned to December 24, 2010. It is made clear that if the said order is not complied with, Collector, Kaithal, and also the Secretary, PWD (B&R), Haryana, shall come present in Court on the next date of hearing.” Today, in Court, Shri Sran has given a Bank Draft in the name of the petitioner for an amount of Rs. 1,53,965/- towards compensation amount for the land under acquisition. Demand draft has been handed over to counsel for the petitioner. We are of the view that the claim of the petitioner stands satisfied. If the petitioner finds that the compensation offered is on the lower side, he may move an application for enhancement of compensation under Section 18 of the Act before the Land Acquisition Collector. The Collector shall, then refer the matter for adjudication to the competent Court. Disposed of. ( JASBIR SINGH ) JUDGE (AUGUSTINE GEORGE MASIH) JUDGE December 24 , 2010. DKC