M.M.KUMAR,J - (1.) THE petitioners who are co-sharers in the acquired land have approached this Court with a prayer for quashing order dated 8.11.2007 (Annexure P.5) passed by the Land Acquisition Collector, Punjab Urban Development Authority, Bhatinda, respondent No. 3. The petitioners have claimed disbursement of compensation to them.
(2.) BRIEF undisputed facts may first be noticed. The petitioners are co-owners of the land comprised in khasra Nos. 2199(2-11), 2200(3-10), 2201(3-13), 2202(8-3), 2220(56-1) totally 73 bighas 18 biswas land situated at Bhagu road, Bathinda and in khasra Nos. 2203(3-4), 2204(2-0), 2205(4-11) totalling 9 bighas 15 biswas. After issuance of notification under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act'), hearing of objections under Section 5A of the Act and issuance of declaration under Section 6 thereof award was announced on 6.3.2007 by the Land Acquisition Collector granting compensation of rupees thirty lacs per acre for the land acquired alongwith solatium. The Land Acquisition Collector also awarded compensation for structures, houses etc. The petitioners requested for release of their compensation which was not paid. Eventually on 10.8.2007 they made representation to the Estate Officer and Addl. Chief Administrator PUDA (Annexure P.3). The petitioners were orally told by the respondents about the pendency of CWP No. 8155 of 2006 which was filed by other owners and the orders passed by the Hon'ble High Court on 26.5.2006 staying the dispossession of the petitioners in that petition. As the respondents denied the compensation to the petitioners on the pretext of pendency of CWP No. 8155 of 2006, they filed C.M. No. 14892 of 2007 in CWP No. 8155 of 2006 seeking a direction to the respondents to release the awarded amount of compensation. They also moved an application for impleading them party in the petition. On 11.9.2007, the petitioners were allowed to withdraw the applications with liberty to file appropriate petition. Petitioners then filed CWP No. 14861 of 2007 seeking release of awarded amount of compensation qua their land. The said petition was disposed of on 24.9.2007 with a direction to the Land Acquisition Collector, PUDA to consider the representation of the petitioners dated 10.8.2007. Petitioners again approached the respondents for release of compensation alongwith a copy of the order dated 24.9.2007. On receipt of the request of the petitioners, respondent No. 3 referred the matter to the Sub Divisional Magistrate, Bhatinda seeking status report of possession etc. The same was then referred to Tehsildar Bhatinda. Accordingly Halqa Patwari submitted report dated 2.11.2007 (Annexure PA). Respondent No. 3 instead of releasing the compensation passed an order on 8.11.2007 (Annexure P.5) denying the release of compensation on the pretext that petitioners have a joint khata and they can get their joint khata partitioned by the competent authority for further action regarding payment of compensation. It was specifically submitted by the petitioners that their physical possession is independent and unquestioned by other share holders in the joint khata. The petitioners also offered possession to PUDA after due verification by the revenue agency. In the written statement the stand taken is that the claim of the petitioners has been rejected by the Land Acquisition Collector on the ground that their land is joint with other land owners who had challenged the acquisition proceedings in CWP No. 8155 of 2006. In that regard the relevant portion of the order is extracted below reads thus : "..... During the course of hearing, the petitioners disclosed that though the area which have been acquired for phases 4 and 5, Bathinda is held jointly with other Khewatdar but still their physical possession of the area is independent and unquestioned by other share holders entered in this khatta. They can hand over the possession of this area to PUDA by getting it verified on the spot by the Revenue Agency. On the submission of the petitioners, they were also told that as per provisions made under the Land Acquisition Act, 1894, Section 16 the compensation of their acquired land can only be paid to them as soon as the physical possession of acquired land is taken by the PUDA. Hence in compliance with the orders of Hon'ble High Court dated 24.9.2007 which was received in this office on 15.10.2007, annexure P.3 application dated 10.8.2007 was considered and the petitioners were advised to get their possession verified by the S.D.M., Bhatinda and hand it over to the PUDA for taking further action for the payment of due compensation to them. SDM Bhatinda was requested vide his office letter No. 3774 dated 31.10.2007 to submit report accordingly. SDM Bathinda has sent report alongwith khasra Girdawari that out of the joint khata, the petitioners are in possession of area independently in the same khasra Nos. owned by other co-sharers. The report of SDM Bathinda only show the independent possession of area measuring 37 bighas 4 biswas but does not show their partitioned khatta. Hence the petitioners were told to get their joint khata partitioned by the Competent Authority for further action regarding payment of compensation........"
(3.) MR . Arun Bansal, learned counsel for the petitioners has submitted that the petitioner is prepared to give up physical possession within two weeks and compensation for the acquired land may be disbursed to them. According to the learned counsel the challenge by the other co-owners to the acquisition proceedings would not constitute a bar to the disbursement of compensation to the petitioners in respect of their share belonging to the petitioners because they accepted the acquisition of their land. In support of his argument, learned counsel has placed reliance on Para 8 of a judgement of Hon'ble the Supreme Court in the case of Ashwani Kumar Dhingra v. State of Punjab, 1992(2) RRR 139 : (1992)2 SCC 592.;