C.M. No. 9964 of 2010 and 1 CWP No. 3726 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 9964 of 2010 and CWP No. 3726 of 2010 Date of decision: 30.07.2010 Surinder 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.Naresh Kaushal, Advocate, for the petitioners. Ms.Sudeepti Sharma, DAG, Punjab. *** JASBIR SINGH, J. (ORAL) C.M. No. 9964 of 2010 Application is allowed. Reply by way of counter affidavit is taken on record. CWP No. 3726 of 2010 Petitioners are poor farmers. Their land was sought to be acquired by issuing a notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') on 12.10.2004. The provisions of Section 17 C.M. No. 9964 of 2010 and 2 CWP No. 3726 of 2010 of the Act were also invoked. Declaration under Section 6 of the Act was issued on 27.01.2005. The land was acquired for construction of a railway line. As per admitted position on record, possession of the land under acquisition was obtained by the authorities on 16.02.2005. As per mandate of the Act, 80% of the compensation amount was offered and paid to most of the petitioners/land owners. Thereafter, nothing was done as per the provisions of the Act. Final Award was not pronounced. The petitioners, like beggars, continued to approach the authorities for getting compensation for their land but they were continued to be put off on one pretext or the other. Compelled under the circumstances, they were forced to file this writ petition. When notice of motion was issued on 04.03.2010, following contentions of the counsel for the petitioners were noted by this Court:- “ Learned counsel for the petitioners has argued that after issuance of notification under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (for brevity, 'the Act'), dated 12/14.10.2004 (P-1) and declaration made on 27/31.1.2005 (P-2) under Section 6 of the Act, the possession of the land was taken from the petitioners by making payment of 80% amount of estimated compensation as per the provisions of Section 17 (3) (a) of the Act. He has further submitted that no award till date has been announced and the acquisition proceedings have, in fact, lapsed as the award could have been announced within a period of two years from the date of declaration, which expired on 26.1.2007.” C.M. No. 9964 of 2010 and 3 CWP No. 3726 of 2010 Upon notice, reply has been filed, wherein it has been admitted that the possession was taken on 16.02.2005 and at that time, 80% of the assessed compensation amount was paid to the land owners. It is further admitted that the draft Award was prepared and it was sent to the Deputy Commissioner, Rupnagar for approval on 06.07.2010. The approval was accorded on 16.07.2010 and Award was pronounced on 22.07.2010. After hearing counsel for the parties, we are convinced that the authorities have adopted a very careless and casual approach in dealing with the land owners, whose land was acquired for a public purpose. So far as the prayer of the petitioners to quash the proceedings is concerned, it cannot be accepted in view of the ratio of a judgment of the Hon'ble Supreme Court in Allahabad Development Authority vs. Nasiruzzman and others, 1996 (6) SCC 424. In this case, the provisions of Section 17 of the Act were invoked. The land was acquired for construction of a railway line, which stood constructed at the spot. However, we are of the opinion that the authorities, who were remiss in the performance of their duties, must be taken to task for their lapse. It is the incumbent duty of the Collector, after taking possession of the land acquired, to pronounce the Award within a reasonable time. In this case, possession was taken in the year 2005. For five years, nothing has been done and the process was started only when notice of motion was issued by this Court on 04.03.2010. The attitude of the authorities clearly indicates that they are interested only in creating frivolous litigation and have no concern so far as the rights of the citizens are concerned. After acquiring land of the land owners, they cannot be made to suffer unnecessarily at the hands of the Collector and other authorities. The C.M. No. 9964 of 2010 and 4 CWP No. 3726 of 2010 compensation is required to be paid forthwith so that the land owner may invest the same for his/her beneficial use. In view of the facts mentioned above, we dispose of this writ petition by imposing cost upon the respondents @ Rs. 5,000/- for each of the petitioners (i.e. 5000 x 60). The compensation amount of Rs. 5,000/- be paid to all the petitioners individually by way of a demand draft within a period of 15 days from the date of receipt of a copy of this order. Thereafter, the Commissioner, Patiala Division shall conduct an enquiry to fix the responsibility as to why the pronouncement of the Award was delayed and the amount, so paid, be recovered from the officer/officers, who was/were responsible for causing the delay in pronouncing the Award. Copy of this order be given dasti under the signatures of the Court Secretary of this Court. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE July 30, 2010 pj