High CourtsDivision Bench(2012) 09 P&H CK 0191

Budh Ram vs Union of India and Others

Punjab And Haryana At Chandigarh · Decided on 17 September 2012

HON’BLE JUDGES
Rekha Mittal, J · Rajive Bhalla, J
CASE NUMBER
CWP No. 2146 of 2012 (O and M)

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Judgment

7 paragraphs · 300 words

Rajive Bhalla, J.—On 24.08.2012, after considering the matter in detail, we passed the following order: -

We are rather surprised at the conduct of the NHAI, State of Haryana and the District Revenue Officer, Panchkula (''Collector'') for the purpose of pronouncement of award as neither has the award been pronounced nor have funds been made available to the Collector, for payment. We, consequently, direct the respondents to file a detailed affidavit setting out the complete schedule within which the funds shall be made available and award pronounced.

Adjourned to 17.09.2012.

Affidavit of Mr. Anil Kumar Dahiya, Project Director, Project Implementation Unit, NHAI, Chandigarh, filed in Court today, is taken on record. A relevant extract from the affidavit, reads as follows: -

3.

That it is respectfully submitted that in total 6 No. notifications for acquisition of land under NH Act 1956 have been published and up to 31/08/2012, all 6 No. draft awards have been received by the answering respondent No. 2 from the Competent Authority; DRO Panchkula demanding the amount of the compensation to be deposited with the competent authority. The draft award has already been forwarded to the NHAI, HQ for its approval, the same is awaited. That it is relevant to mention here that as per the draft award, the compensation is calculated by the competent authority by including the interest upto 30.11.2012.

4.

That it is respectfully submitted that the deponent/answering respondent No. 2 is making every endeavour to deposit the amount of compensation with the competent authority as early as possible and it is expected that the same is likely to be deposited by 30.10.12.

2.

In view of averments in the affidavit, the NHAI shall deposit the compensation by 30.10.2012, and the Collector shall pronounce the award within a week thereafter. Disposed of accordingly.