The Greater Mohali Area Development Authority (GMDA) through its Estate Officer vs Arminderjit Kaur & Another

CIVIL APPEAL No. 2383 OF 2019 (Arising out of S.L.P.(C) No.19238 of 2018)

The Greater Mohali Area Development Authority(GMDA) Thr. Its Estate Officer ….Appellant(s)

VERSUS

Arminderjit Kaur & Anr. ….Respondent(s)

WITH CIVIL APPEAL No. 2385 OF 2019 (Arising out of S.L.P.(C) No.19237 of 2018)

AND CIVIL APPEAL No.2384 OF 2019 (Arising out of S.L.P.(C) No.16038 of 2018

JUDGMENT

Abhay Manohar Sapre, J.

Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2019.02.27

1. Leave granted.

17:04:02 IST Reason: 1 1

2. These appeals are filed against the interim

orders passed by the High Court of Punjab and

Haryana at Chandigarh on dated 01.02.2018 in

C.M. No.7303­CI of 2017 in R.F.A. No.3096 of 2017,

C.M. No.8310­CI of 2017 in R.F.A. No.3536 of 2017

and dated 03.04.2018 in C.M. No.709­CI of 2018 in

R.F.A. No.1172 of 2017.

3. These appeals involve a short point as would

be clear from a few facts mentioned hereinbelow.

4. The proceedings arise out of land acquisition

proceedings. The Land Acquisition Officer offered

the compensation to the landowners (respondents

herein) for their acquired land in question at the

rate of Rs.1.36 crore per acre.

5. However, the Civil Court (Reference Court) in

reference proceedings filed at the instance of the

landowners against the award of Land Acquisition

Officer enhanced the rate of compensation payable

2 2 to the landowners at Rs.3,8686925/­ crores per

acre. The figure of enhancement, however, varies

marginally in other connected cases.

6. The appellant­Authority as also the

landowners have filed their respective first appeals

in the High Court of Punjab & Haryana at

Chandigarh against the award of the Civil Court

(Reference Court).

7. The appellant in their appeal has claimed

reduction of the amount awarded by the Civil Court

whereas the respondents (landowners) have claimed

further enhancement in the rate of compensation

awarded by the Reference Court. The appeals are

pending for their final disposal.

8. By impugned interim orders, the High Court

disposed of the stay applications (CM No. 7303­CI of

2017 and others) filed by the appellant (Greater

Mohali Area Development Authority­ GMADA) in

their pending first appeals (RFA No. 3096 of 2017

3 3 and connected matters) filed against the award

dated 14.02.2017 passed by Additional District

Judge, SAS Nagar, Mohali in LAC No. 00052/2014

and other connected matters.

9. The operative part of the impugned order reads

as under :

“Keeping in view the above, the appellants shall deposit the sum of Rs.3.50 crores per acre within 3 months along with statutory benefits and the landowners will be entitled to withdraw the same in the above terms also.

Applications stand disposed of. However, it is made clear that in case the amount is not deposited, the stay shall automatically stand vacated.”

10. The appellant felt aggrieved by the aforesaid

interim order of the High Court and has filed the

present appeals by way of special leave in this Court

questioning its legality and correctness.

11. Heard Ms. Rachna Joshi Issar, learned counsel

for the appellant, Mr. V.Giri, Mr. V.K. Garg, learned

senior counsel and Ms. Kaveeta Wadia, learned

counsel for the respondents.

4 4

12. Having heard the learned counsel for the

parties and on perusal of the record of the case, we

are inclined to dispose of these appeals by passing

following order.

13. The appellant shall deposit the entire awarded

sum, which is the subject matter of these appeals in

the High Court within 3 months.

14. On such deposit being made, the respondents

(landowners) will be entitled to withdraw 50% of the

awarded sum on furnishing solvent security to the

satisfaction of the High Court and remaining 50%

amount shall be invested in FDR Scheme in any

Nationalized Bank in the name of the Registrar of

the High Court.

15. The withdrawal and deposit shall be subject to

the result of the appeals.

16. Depending upon the final outcome of the

appeals, the amount, which is allowed to be

withdrawn by the respondents (landowners) and

5 5 which is deposited in the Bank including the

interest earned thereon, will be adjusted/given, as

the case may be, to the parties concerned as

directed in the final order.

17. In the light of the foregoing discussion and the

directions, the appeals are allowed in part. The

impugned orders are modified to the extent

indicated above and the interim ex parte order

passed by this Court on 18.07.2018 also stands

accordingly modified as indicated above.

18. We request the High Court to dispose of the

appeals finally preferably within a year.

.………...................................J. [ABHAY MANOHAR SAPRE]

…...……..................................J. [DINESH MAHESHWARI] New Delhi;

February 26, 2019

6 6