The order has been passed in a contempt appeal filed by Defence Estates Officer of Western Command against an order passed by a single bench ordering withholding of his salary for non-compliance of court orders regarding the process of acquisition. (File Photo)
The Punjab and Haryana High Court has summoned the Mohali Deputy Commissioner in a matter regarding inordinate delay in assessment and payment of compensation to the residents, whose land has been acquired for the purpose of an Ammunition Depot at Dappar.
The order has been passed in a contempt appeal filed by Defence Estates Officer of Western Command against an order passed by a single bench ordering withholding of his salary for non-compliance of court orders regarding the process of acquisition.
Additional Solicitor General of India Satya Pal Jain in the appeal told the court that the Union of India would make the payment of compensation in terms of court orders upon actual determination of the amount by the collector, who happens to be the deputy commissioner. Jain, however, added the collector is yet to perform the exercise and therefore no fault can be attributed to the Centre or the Defence Estates Officer at this stage.
Issuing notice to Deputy Commissioner Girish Dayalan for February 19 and ordering that the matter be shown in the urgent list on that day, the division bench of Justices Jaswant Singh and Sant Prakash in the order said, “Let the Collector-cum-Deputy Commissioner, SAS Nagar (Mohali) be personally present in Court on the date fixed”.
The land was occupied in 1969, as per the case record but the acquisition proceedings took place only after 2010 and that too only because of the intervention of the high court. In 2018, the residents again moved high court with a contempt petition alleging that the entire matter is still under process.
In May 2019, the Punjab government in the contempt case gave an undertaking that the entire process will be completed within three months but in September, the court was informed that a delay has occurred because the Defence Estate Office is not agreeing to the price. It was also informed that the meeting of price fixation committee is being held in the near future and new price would be decided within six weeks.
Last month, a single bench said the salary of Defence Estate Officer, Western Command is ordered to be withheld till compliance of the September 2019 order. The order was challenged before a division bench.
“The issue only relates to 8 bigas (3.2 acres) of land. which had been acquired in excess. There have been multiple litigations in the matter right from 2013 but despite court orders, the issue continues to remain pending,” said advocate Simranjeet Singh Sarwara, who represents the aggrieved residents in the contempt petition.