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HARKESH MANUJA J. (ORAL) –

1. Prayer in the present civil revision petition is for issuance of direction to the learned Executing Court to decide the execution petition No.344 of 2019, titled as “Matadin and other vs. State of Haryana and others”, within a time bound manner period.

2. Admittedly, certain land owned by the petitioner, situated in the revenue estate of Village Fazilpur Jharsa, Tehsil & District Gurgaon, was acquired for the public purpose, namely, development and utilization of land for 90 mtrs. wide Southern periphery road alongwith 30 mtrs wide Green Belt on both sides from National Highway No.8 up-to Sector 72 at Gurgaon, followed by an award dated 24.11.2009, whereby, the Land Acquisition Collector, Gurgaon, fixed the market value of the acquired land at the rate of Rs.80.00 lacs per acre for all types of land.

3. Feeling dissatisfied, the petitioners-landowners filed reference petition under Section 18 of the Land Acquisition Act, 1894 (for brevity, “1894 Act”) for enhancement of the compensation, which was partly allowed while enhancing the compensation amount to Rs.3.5 crore per acre along with all statutory consequential benefits vide award dated 21.04.2015.

3.1 Thereafter, the petitioners-landowner filed execution petition No.344 of 2019, titled as “Matadin and other vs. State of Haryana and others” before the Executing Court, Gurugram, which is pending for the last more than 06 years & 6 months, but till date the payment has not been released to the petitioners.

4. Learned counsel for the petitioners submits that the petitioners being aggrieved of the delay has filed the present revision petition for issuance of direction to the Executing Court concerned to decide the execution petition expeditiously, in a time bound manner.

5. On the other hand, learned counsels representing the respondents are not in a position to controvert the aforesaid facts.

6. I have heard the learned counsel for the parties and gone through the paper-book.

7. A perusal of record shows that execution petition (Annexure P- 2) filed by the petitioners on 14.02.2019, is still pending and the petitioners are waiting to get its full amount of compensation on the basis of decision dated 21.04.2015 passed by the Reference Court.

8. In “Rahul S. Shah Vs. Jinendra Kumar Gandhi and others” (2021) 6 SCC 418, the Hon’ble Supreme Court held as follow:-

“That the executing Court must dispose of execution proceeding within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay.”

9. In view of the aforementioned legal position, the Executing Court is requested to dispose of the execution petition No.344 of 2019, titled as “Matadin and other vs. State of Haryana and others” as expeditiously as possible, preferably within 04 months from today, as any further delay may cause serious prejudice to the rights of the petitioners-land owners.

9.1 It is made clear that nothing stated herein-above shall be construed as an expression of opinion on the merits of the execution proceedings.

10. Pending application, if any, stands disposed of.

Order accordingly.

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