Punjab-Haryana High CourtRamkishan And Others vs State Of Haryana And Others on 13 February, 2013C.W.P. No.22573 of 2010 (O&M)                                 -1-



            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                                     C.M. No.1273 of 2013 in/and
                                     C.W.P. No.22573 of 2010
                                     Date of decision : 13.02.2013


Ramkishan and others
                                                             ...... Petitioners


                               Versus


State of Haryana and others
                                                           ...... Respondents



CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
                     ***


Present :     Mr. Karan Bhardwaj, Advocate
              for the petitioners.

              Mr. Amit Goyal, A.A.G., Haryana.

              Mr. Kamal Sehgal, Advocate
              for respondent No.3.

              Mr. Naveen Sharma, Advocate
              for respondents No.7 to 10.

              Respondent Nos.8 and 10 present in person.

              Mr. R.S. Manhas, Advocate
              for respondent No.12.
                          ***

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
 C.W.P. No.22573 of 2010 (O&M)                                   -2-



AJAY TEWARI, J. (Oral)C.M. No.1273 of 2013For the reasons recorded, the application is allowed subject to

all just exceptions. Compromise dated 30.07.2012 is taken on record.C.W.P. No.22573 of 2009The petitioners/farmers and respondents No.7 to 10 i.e AJS

Builders have arrived at a mutual compromise. However for the sake of

clarity the contents of same are reproduced here below:-"MUTUAL         SETTLEMENT           BETWEEN          THE
                   PETITIONERS AND RESPONDENT COMPANY I.E.
                   AJS BUILDERS LIMITED THROUGH ITS DIRECTORS
                   I.E.   RESPONDENT        NO.7     TO    10   AND     FOR
                   RECORDING AMICABLE COMPROMISE.1. That the above mentioned writ petition is pending
                     adjudication before this Hon'ble Court along with
                     other connected writ petition No.3273/09, 7684/09,
                     22573/10, 5656/11. The petitioners in aforesaid writ
                     petitions except petitioners Partap Singh of CWP
                     No.6104/2009 and petitioners Raghuvir Singh of
                     CWP No.3273/2009 are not part of this amicable
                     settlement.2. That the petitioners sold the requisite portion of their
                     land to the Respondent No.7 to 10 vide registered sale
                     deed (details attached).3. That the respondent besides payment also issued post
                     dated cheques to the petitioners qua the execution the
                     sale deed.4. That however, the said PDC's could not be
                     honoured/encashed and the same got dishonoured on
                     presentation, consequences of which the petitionersC.W.P. No.22573 of 2010 (O&M)                               -3-has filed the present writ petition alleging fraud being
                  played on them and for taking suitable actions
                  against the respondent company.5. That the petitioners alongwith the other farmers
                  (Petitioners in the other writ petition) have sat with
                  the Directors and other authorised representative
                  namely Mrs. Madhu P. Singh and Ravi Bhushan, duly
                  authorised vide board resolution no. dated 3.2.2010
                  of the company, which is attached herewith as
                  Annexure A-1, and have decided to amicably settle all
                  their disputes interse on the following terms and
                  conditions, which have been set forth herein below:-i. It is agreed by the petitioners and respondent no.7 to
                  10 that and the petitioners and respondents both
                  mutually shall get cancelled the sale deeds and the
                  respondent No.7 to 10 shall return the requisite
                  portion of land to the respective petitioners in the
                  proportion set forth in Annexure A-2 hereto.ii. It is agreed by the petitioners that the respondent
                  No.7 to 10 shall be entitled to get a fresh sale deed
                  executed qua the agreed proportion as set forth in
                  Annexure A-3.iii.That the petitioners and respondent No.8 undertakes
                  to appear before the office of Sub-Registrar for
                  execution and registration of their requisite sale deed
                  on the day, date and time duly agreed.iv.That it has been settled that the petitioners shall be
                  entitled to receive the compensation qua the land
                  which comes to their respective shares out of the land
                  acquired by the govt. and similarly the respondent
                  company     would    be   entitled   to   receive   the
                  compensation qua the land which comes to their fromC.W.P. No.22573 of 2010 (O&M)                                    -4-the land acquired by the respondent company.
                v. That it is agreed by the petitioners that the respondent
                  company       shall   be   solely   entitled    to   receive
                  compensation qua the land measuring 102 kanal and
                  8 marla and the petitioners shall be entitled of the
                  compensation for the land shown in green colour as
                  per Annexure A-3 i.e. 166 kanal 3 marla of acquired
                  land. It is further decided that the parties would be at
                  liberty to file separate reference petitions for
                  enhancement of compensation in reference to their
                  respective holdings as agreed in the present
                  settlement.vi.That it is agreed by the parties that the respondent
                  company shall own 55 kanal and 8 marla of
                  unacquired portion of the land as shown and marked
                  in blue colour in the site plan as Annexure A-3. And
                  the petitioners shall own the remaining portion of un
                  acquired portion of land i.e. 138 kanal 5 marla as
                  shown in yellow colour in the site plan Annexure A-3
                  and shall become absolute owners of their respective
                  portions thereof.vii.That the respondent No.7 to 10 in totality shall own
                  land measuring 157 kanal and 16 marlas (acquired
                  and unacquired as shown in red and blue colour in
                  Annexure B. That the petitioners in totality shall own
                  land measuring 304 kanal 8 marla (acquired and
                  unacquired as shown in green and yellow colour in
                  Annexure A-3.viii.That the respondent No.7 to 10 undertakes to put the
                  fresh sale deeds and the compensation of the acquired
                  land measuring 102 kanal and 8 marla to the
                  respondent No.12 bank as collateral security inC.W.P. No.22573 of 2010 (O&M)                                -5-respect of the debt claimed/calculated by the bank. In
                  the clarified and submitted that the present term and
                  deposit as collateral security shall be only under
                  protest and shall be without prejudice to the rights
                  and contention of the respondent No.7 to 10 against
                  the claims raised by the bank and the litigations
                  pending interse. The same has been agreed by the
                  respondent no.7 to 10 only for the present settlement
                  considering the intents of the parties.ix.That the respondent no.7 to 10 shall be at liberty to
                  contest their claims with respondent no.12 as per law.
                  Respondent no.7 to 10 undertakes to be responsible,
                  against all claims whatsoever if so raised against the
                  remaining portion of land apart FROM 157 kanal and
                  16 marla by any requisite authority, which goes to the
                  petitioners.x. It is agreed by the parties that all claims raised by
                  respondent bank against the mortgaged property of
                  the   respondent    company      shall    be     the   sole
                  responsibility of the respondent company at its own
                  cost and consequences.xi.That the petitioners undertake to hand over actual
                  physical possession of the unacquired portion of land
                  comprising 55 kanal and 8 marla as shown in blue
                  colour in the site plan annexed as Annexure A-2 to the
                  respondent No.7 to 10 on execution of fresh requisite
                  sale deeds of the portion described in Annexure A-2
                  and A-3.xii.That the amount of stamp duty refund after
                  cancellation of the sale deeds shall be deposited in a
                  fresh account in the name of the respondent company
                  M/s AJS Builders Pvt. Ltd. and the stamp duty on theC.W.P. No.22573 of 2010 (O&M)                                   -6-fresh sale deeds shall be deposited from the said
                  account directly to the requisite authority and the
                  excess if any shall be the property of the respondent
                  Company. The petitioners shall not be liable for any
                  expenses       whatsoever     in   the   cancellation    and
                  execution of the fresh sale deeds and the stamp duty in
                  that regard. The parties duly consent to the said term
                  and undertakes to abide the same expressly.
                xiii.That the petitioners undertakes to withdraw all their
                  cases, complaints, claims civil/criminal pending
                  before judicial and quasi judicial forums on execution
                  of the above terms including the present writ petitions
                  and shall ensure that all proceedings including
                  proceedings under theNegotiable Instruments Actinitiating against the respondent company and its
                  officials be kept in abeyance till execution of the
                  above terms and conditions and shall ensure that no
                  coercive actions shall be initiated against the
                  company and its officials till compliance of the above
                  terms. The duration and time limit for execution of the
                  settlement is three months.xiv.That   the    petitioners    agree     to   withdraw   all
                  cases/claims incompliance of the above terms effect of
                  which the respondent No.7 to 10 and its officials shall
                  stands exonerated from all allegation/claims if found
                  due against the company.xv.That the parties shall not challenged the above terms
                  on the ground that they were not competent to execute
                  and same at any point of time and shall ensure sprite
                  execution of the above terms which have only been set
                  forth towards amicable compromise which have
                  arrived between the parties to put an end to all illC.W.P. No.22573 of 2010 (O&M)                                  -7-wills, without any force or undue pressure of any
                       person in any manner.Sd/-                 Sd/-
                   Petitioners          Respondents"In my opinion, the compromise is in the interest of the parties

and is not in violation of law. Consequently, the same is accepted.Resultantly the petition stands disposed of with a direction to

the petitioners/farmers and authorised representative of respondent-company i.e. A.J.S. Builders to appear before the respondent No.4 i.e.

Deputy Commissioner, Sonepat within a period of three months from the

date of receipt of a certified copy of this order. The respondent No.4 and

the Sub Registrar, Gannaur are directed that the sale deeds which are the

subject matter of the present petition be cancelled. The refund of stamp

duty after cancellation of sale deeds shall be returned to the respondent

No.7-company. The expense of the stamp on execution of fresh sale deed

shall be borne out from the refunded stamp duty. Further necessary

directions are issued to the respondent No.4 i.e. Deputy Commissioner,

Sonepat, Haryana and the Sub Registrar, Tehsil Gannaur, District Sonepat to

cancel and execute fresh sale deed as per Annexures A-2 & A-3 attached

with the compromise.Land measuring 138 kanals 5 marlas which is not part of land

acquisition would be returned to the petitioners/farmers. The land would be

free from all the encumbrances.Land measuring 55 kanals which is falling in the share of

respondent-company i.e. AJS Builders from the un-acquired land would beC.W.P. No.22573 of 2010 (O&M)                                  -8-handed over to respondent-company for further continuation of mortgage

with Allahabad Bank.Compensation pertaining to land measuring 166 kanals 3

marlas from the acquired land which falls within the share of

petitioners/famers   as   per   compromise     would     be   paid   to   the

petitioners/farmers by the Land Acquisition Collector.Further it is directed to respondent No.4 i.e. Land Acquisition

Collector to release the compensation qua the land measuring 103 kanals 18

marlas falling in the share of respondent No.7 to 10 to respondent No.12-

Allahabad Bank directly as agreed and undertaken by the respondents No.7

to 10 vide letter dated 30.07.2012 (approximately Rs.6.50 crores) placed on

record as Annexure A-1 & A-2 with the C.M.No.1220 of 2013 in CWP

No.6104 of 2009. The respondent-Bank accepted the undertaking given by

the respondents No.7 to 10 which is inconsonance with the compromise

dated 30.07.2012. Further the land measuring 55 kanals 8 marlas of un-

acquired portion comes in the share of A.J.S. Builders would be mortgaged

in favour of Allahabad Bank after the fresh sale deeds will be executed

between the petitioners and the respondents No.7 to 10. The Sub Registrar

is further directed to make necessary entries in the revenue record regarding

the mortgage of the bank on the land coming in the share of A.J.S. Builders

for securing the debts of all four loan accounts namely AJS Builders, loan

account of Mrs. Madhu Singh and Mr. Prabhjot Singh, loan account of Mrs.

Geeta Singh and loan account of Mr. Manu Kant and Smt. Kailash Rani as

the properties are mortgaged.C.W.P. No.22573 of 2010 (O&M)                                 -9-The petitioners/farmers and respondent company are at liberty

to file respective reference or claim petitions for enhancement of land

Acquisition compensation.The petitioners/farmers further undertake that they will

handover the possession of the land under acquisition to the Haryana State

Industrial Development Corporation, Panchkula on or before 01.05.2013

after harvesting the wheat crop.Since the main case has been decided, the pending civil

miscellaneous application, if any, also stands disposed of.( AJAY TEWARI )
February 13, 2013                              JUDGE
ashish