AI Structured Summary
Not yet generated for this judgment
Judgment
Ajay Mohan Goel, J
By way of this petition, the petitioner has approached this Court praying mainly for the following relief:
i) That directions may very kindly be issued to respondent No. 2 herein to finally decide the lis pending before him on the basis of certificate dated 17.01.2018 issued under Section 174 of the Motor Vehicles Act by the learned MACT-
II, Solan, District Solan, H.P., on the basis of which communication dated 03.02.2020 was issued by the learned District Collector, Solan, District Solan, H.P. and which is pending on the file of respondent No. 2 since despite the fact that certificate issued is for the purpose of recovery of Rs. 40,81,000/- alongwith interest @ 6% per annum as arrears of land revenue, to secure the ends of law and justice.
When this case was listed on 25.09.2023, while confining notice to respondent No. 2, the Court directed learned Additional Advocate General to have instructions in the matter. Today, learned Additional Advocate General has handed over a copy of instructions imparted by the Assistant Collector 1st Grade-cum-Tehsildar Recovery, relevant portion whereof reads as under: -
“Kindly refer to your office letter No. CMPMO No. 510/2023 dated 25.09.2023 on the subject cited above.
In this connection, it is submitted that in compliance of demand No. 7 (11)2019-20 dated 3.02.2020 created by Worthy Deputy Commissioner Solan regarding compensation given by MACT-II Solan orders, proceedings are regularly taking place from time to time. In the instant matter respondent No. 1 were given ample opportunity of time to give compensation amount to petitioner No. 1 & 2 i.e. Surenderjit Kaur and Gurpreet Singh. Due to failure on the part of respondent No. 1, the respondent No. 2 moved the entire case file regarding permission of Ld. Divisional Commissioner Shimla for sale of land of respondent No. 1 situated in Mauza Nakyar, Tehsil Kasauli through Worthy Deputy Commissioner Solan on dated 08.08.2022. (Copy enclosed herewith)
In this regard, Worthy Deputy Commissioner Solan further sent the above case to Worthy Divisional Commissioner Shimla for permission to sale on dated 08.02.2023. (Copy attached herewith) On dated 19.04.2023 the undersigned received a letter from Worthy Divisional Commissioner Shimla with the direction to examine the above matter in the light of Appeal pending in the Hon'ble High Court of Punjab and Haryana. The respondent No. 1 kept producing stay order of Punjab and Haryana High Court (Copy attached herewith) and matter was finally decided on 14.07.2023.
After the decision of Hon'ble Punjab & Haryana High Court, both the petitioners and respondent No. 1 were summoned on dated 30.08.2023 before the undersigned and photocopies of Hon'ble High Court decision was produced by the petitioners. On that day the respondent No. 1 showed his inability to pay amount in lump- sum and sought monthly installment as mode of payment. Both the parties agreed to negotiate about the amount of compensation and mode of payment and hence were given one month time for mutual settlement. The case is again listed on 5.10.2023.
Taking into consideration the fact that the matter is under consideration of the authorities concerned, this petition is disposed of with the observations that let the same be concluded as expeditiously as possible and preferably by 31st of December, 2023, by adhering to the principles of natural justice as well as the Rules which govern the adjudication thereof. Pending miscellaneous application(s), if any, also stand disposed of accordingly.