IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No.2060 of 2008 Date of Decision : March 30, 2009 Laxmi Narain .....Petitioner Versus Dharamvir, Chief Secretary to Government of Haryana and others .....Respondents CORAM : HON'BLE MR JUSTICE T.P.S. MANN Present : Petitioner in person. Mr. R.S.Kundu, Additional Advocate General, Haryana for the respondents. T.P.S. MANN, J. The petitioner had earlier filed C.W.P. No. 9250 of 2008 praying therein that he be paid the price of the land as prevalent at that time, which was acquired by the State of Haryana in 1959, as no money was paid to him and his younger brothers, who were all minors at the time of acquisition. According to the petitioner, the Land Acquisition Collector concerned was duty bound to deposit the compensation amount in their names. Moreover, payments of compensation amount sent vide voucher dated 5.8.1996 for Rs.35.99 in favour of the petitioner and voucher dated 5.8.1996 for Rs.26/-in favour of Satbir were also not C.O.C.P. No.2060 of 2008 -2- encashed. Even after attaining majority, the petitioner did not know about acquisition of his land till he was told only by his uncle Chet Ram some time in the year 1996. Therefore, the petitioner could not avail his right to challenge the award by way of reference. The State took the plea in the said writ petition that the compensation amount was sent to the petitioner soon after the award and, therefore, he was not entitled to get any benefit by pleading ignorance of acquisition at such a belated stage. The original vouchers were also produced before the Bench for perusal. After hearing the petitioner in person and the learned State counsel, the Bench vide order dated 23.9.2008 granted opportunity to the petitioner to submit an application under Section 18 of the Land Acquisition Act (for short 'the Act') to Land Acquisition Collector with a further direction that such an application shall be decided and disposed of within four weeks thereafter as required under the law and then referred to learned District Judge for determination of compensation. The writ petition was, accordingly, disposed of. According to the petitioner, he submitted an application under Section 18 of the Act dated 8.10.2008 (Annexure P.2) to the District Collector, Mahendergarh. On 30.10.2008, the petitioner received a letter from Land Acquisition Collector, PWD (B&R) Branch, Bhiwani dated 27.10.2008 (Annexure P.3) requiring him to file an application C.O.C.P. No.2060 of 2008 -3- under Section 18 of the Act so that the case be forwarded to the District Judge for determination of compensation. The petitioner then submitted an application dated 31.10.2008 (Annexure P.4) to Land Acquisition Collector, PWD (B&R) Branch, Bhiwani, alongwith which he attached the rates of the land as prevalent in the year 2007-08. Inspite of the same, Land Acquisition Collector, did not decide his application dated 31.10.2008, which necessitated the filing of the present contempt petition by him. Replies have been field by Financial Commissioner and Principal Secretary to Government of Haryana, PWD (B&R) Department, Deputy Commissioner, Mahendergarh at Narnaul and Sub Divisional Magistrate (Civil), Mahendergarh, the then Land Acquisition Collector PWD (B&R) Branch, Bhiwani. A perusal of the replies, especially that of Land Acquisition Collector, would reveal that the award file of 1959 was received in the office of Land Acquisition Collector, Bhiwani on 14.11.2008. However, at that time, the post was lying vacant, as no Land Acquisition Collector was posted there. Therefore, the reference could not be sent to the District Judge within the stipulated period upto 2.12.2008. However, the reference has since been forwarded to District Judge, Narnaul vide memo No. 220 dated 31.12.2008. According to the respondents, there has been neither any intention nor any deliberate delay on the part of the respondents. The time gap between 16.10.2008 and 10.11.2008 was C.O.C.P. No.2060 of 2008 -4- consumed in tracing out the 50 years' old acquisition record from the various quarters and offices and in collection of the necessary information. From 10.11.2008 to 2.12.2008, the reference could not be sent, as the post of Land Acquisition Collector was lying vacant. After completion of requisite record and information, the reference application was duly sent to the District Judge, Narnaul on 31.12.2008. In his rejoinder filed to the reply of the Land Acquisition Collector, the petitioner has pleaded that though this Court had directed the respondents to decide the application of the petitioner under Section 18 of the Act within a period of four weeks yet they had taken 12 weeks in doing so. I have heard the petitioner in person as well as learned Additional Advocate General, Haryana appearing on behalf of the respondents. A specific stand has been taken by the Land Acquisition Collector that the reference application under Section 18 of the Act has since been sent to the District Judge, Narnaul on 31.12.2008. In his rejoinder, the petitioner has not denied the said fact. However, he has mentioned that uptill 25.3.2009, i.e. the date of his filing the rejoinder, the petitioner had not been informed or summoned by the learned District Judge. The respondents have submitted plausible explanation as to C.O.C.P. No.2060 of 2008 -5- why the order dated 23.9.2008 could not be complied with as per the directions contained therein. The petitioner was required to submit an application to the Land Acquisition Collector and on doing so the application was to be decided within a period of four weeks. The petitioner submitted his application Annexure P.2 to the District Collector, Mahendergarh on 8.10.2008. In fact, such an application was required to be submitted to Land Acquisition Collector, PWD (B&R) Branch, Bhiwani. Said Land Acquisition Collector at Bhiwani did not receive the application Annexure P.2 submitted by the petitioner to District Collector, Mahendergarh. Realising that the application, to be submitted by the petitioner, had to be finally processed within a particular time frame and such an application had not been received, Land Acquisition Collector, PWD (B&R) Branch, Bhiwani sent a letter dated 27.10.2008 to the petitioner, which was received by the latter on 31.10.2008. On receiving the said letter, the petitioner sent an application under Section 18 of the Act to Land Acquisition Collector, PWD (B&R) Branch, Bhiwani on 31.10.2008. As is clear from the affidavit of Land Acquisition Collector, PWD (B&R), Branch, Bhiwani, the application dated 31.10.2008 submitted by the petitioner was received in his office on 14.11.2008 but at that time, the post of Land Acquisition Collector, Bhiwani was lying vacant. It is apparent that the post was duly filled on 2.12.2008. After completion of requisite record and information the reference application C.O.C.P. No.2060 of 2008 -6- was finally transmitted to the learned District Judge, Narnaul on 31.12.2008. Thus, there was no intentional or deliberate delay on the part of the respondents in forwarding the application of the petitioner under Section 18 of the Act to the learned District Judge, Narnaul. As regards the stand of the petitioner that he has neither been informed nor summoned by learned District Judge, Narnaul regarding hearing of his application, which must have assumed the nature of a reference by now, necessary directions can be issued in this respect. In view of the above, the contempt proceedings are dropped and the rule is discharged. However a direction is issued to District Judge, Mahendergarh at Narnaul to decide the reference under Section 18 of the Act expeditiously, preferably within four months from the date of receipt of a certified copy of the order. The petition is, accordingly, disposed of. ( T.P.S. MANN ) March 30, 2009 JUDGE satish Whether to be referred to the Reporters : YES / NO