Civil Writ Petition No. 16446 of 1989 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Date of Decision : 6.7.2011 Civil Writ Petition No. 16446 of 1989 Tamjit Singh Giani .......... Petitioner Versus Land Acquisition Collector Phase-A, 59-A, Ranika Bagh, Amritsar ...... Respondent **** Civil Writ Petition No. 17145 of 1989 Atam Darshan Singh & others .......... Petitioners Versus Land Acquisition Collector, Phase-A, 59-A, Ranika Bagh, Amritsar ...... Respondent **** Civil Writ Petition No. 107 of 1990 G.S. Giani & others .......... Petitioners Versus Land Acquisition Collector, Phase-A, 59A, Ranika Bagh, Amritsar ...... Respondent **** Civil Writ Petition No. 10999 of 1990 Smt. Param Kanta Arora .......... Petitioner Versus The State of Punjab & another ...... Respondents **** Civil Writ Petition No. 6065 of 1990 Deepinder Singh through Rajwant Kaur & others .......... Petitioners Versus The State of Punjab ...... Respondent **** Civil Writ Petition No. 16446 of 1989 -2- Civil Writ Petition No.7211 of 1990 Gurumukh Singh & another .......... Petitioners Versus The State of Punjab ...... Respondent **** Civil Writ Petition No. 7626 of 1990 S. Swaranjit Singh & others .......... Petitioners Versus The State of Punjab & another ...... Respondents **** Civil Writ Petition No. 1483 of 1991 Nand Kishore & others .......... Petitioners Versus The State of Punjab ...... Respondent **** CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Gaurav Chopra, Advocate for the petitioner. Mr. H.S. Sidhu, Addl. A.G., Punjab. **** JASBIR SINGH, J. (ORAL) This order will dispose of eight writ petitions i.e. CWP No. 16446 of 1989 titled 'Tamjit Singh Giani Versus Land Acquisition Collector', CWP No. 17145 of 1989 titled 'Atam Darshan Singh & others Versus Land Acquisition Collector, Phase-A, 59-A, Ranika Bagh, Amritsar', CWP No. 107 of 1990 titled 'G.S. Giani & others Civil Writ Petition No. 16446 of 1989 -3- Versus Land Acquisition Collector, Phase-A, 59A, Ranika Bagh, Amritsar', CWP No. 10999 of 1990 titled 'Smt. Param Kanta Arora Versus the State of Punjab & another', CWP No. 6065 of 1990 titled 'Deepinder Singh through Rajwant Kaur & others Versus the State of Punjab', CWP No.7211 of 1990 titled 'Gurumukh Singh & another Versus the State of Punjab', CWP No. 7626 of 1990 titled 'S. Swaranjit Singh & others Versus the State of Punjab & another' and CWP No. 1483 of 1991 titled 'Nand Kishore & others Versus the State of Punjab'. For the purpose of dictating order the facts are being taken from CWP No. 16446 of 1989. As per facts on record, petitioner's land was acquired by issuing the notification, under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and an award was passed on 27.6.1989. Petitioner filed an application under Section 18 of the Act claiming enhancement of the compensation. When the said application was pending for consideration, the respondent-State sent a notice dated 25.10.1989 (P-2) asking the petitioner to pay an amount of ` 44,41,549/-, which was paid in excess to the landowners. At this stage this writ petition was filed, which was admitted on 15.12.1989. Recovery of the disputed amount was stayed. Admittedly, during the pendency of this writ petition the Land Acquisition Tribunal had passed an award on 9.3.2006 declining the prayer of the petitioner for enhancement of Civil Writ Petition No. 16446 of 1989 -4- compensation. Against that award, RFA No. 3039 of 2006 is pending in this Court for consideration. It is stated by the counsel for the petitioners that unless a final order is passed in that appeal the State cannot recover the excess amount in question. Counsel further states that the petitioner do not have any objection to the withdrawal of these writ petitions if the State assures that the recovery, if any, be effected only after disposal of the abovesaid appeal. To the prayer made Shri Sidhu failed to raise any objection. Accordingly, we dispose of these writ petitions with a direction to the respondents that as per notice Annexure P-2, the recovery be effected, if need be, only after disposal of RFA No. 3039 of 2006. If the petitioner wish to file any objection to the notice stated above, an opportunity of hearing be provided to him after decision of the RFA No. 3039 of 2006. (JASBIR SINGH) JUDGE 6.7.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE