More than five decades after Punjab encroached upon a distinguished Army officer’s ancestral land in Hoshiarpur by constricting a road, the Punjab and Haryana High Court has directed the state to acquire the 10.5-marla area under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.The direction came as division bench of Justice Jasgurpreet Singh Puri and Justice Pravindra Singh Chauhan held that the landowner would be entitled to simple interest at 6 per cent per annum on the award amount from 1972 till issuance of the acquisition notification. The court also imposed Rs 50,000 costs on the state.The bench further held that the state could not make acquisition conditional upon the landowner giving up his claim for compensation/damages for the state’s use of the land. The court specifically held that the condition imposed by the state that the petitioner would not claim damages for use of the land was “not sustainable” and that “no such condition can be imposed by the state in this regard”.The matter was brought to the bench’s notice after retired Lieutenant General Savneet Singh — aggrieved by encroachment through construction of road in 1972 by PWD Department in Khudda village in Hoshiarpur — moved the court.Taking up the matter, the bench noted: “It is admitted position that the land belonging to the petitioner was under the unauthorised occupation of the state from 1972, when a road was constructed by PWD Department”.The bench added Punjab Advocate-General had already submitted that 10.5 marlas would be acquired by the state. “However, at the same time, this court would also consider whether the petitioner would be entitled to damages/compensation for the use and occupation of his land from the year 1972 till the issuance of the notification under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which is required to be issued by the state of Punjab,” the court observed.Referring to a Supreme Court verdict, the bench asserted: “The landowner, whose land remains in the occupation of the state without any acquisition, is also entitled for rent or damages for the use and occupation of the land for the period the government retains possession of the property”.The bench added the benefits of acquisition either under the old Acquisition Act, or the Rehabilitation and Resettlement Act were always available to the landowner in accordance with the statutory provisions of the “respective Act”. But so far as the prior possession of the property by the government is concerned, “the landowner is always entitled for compensation/damages in this regard”.Allowing the writ petition, the bench directed: “Considering the statement made by the Advocate-General, Punjab, that the state has expressed its willingness to acquire the petitioner’s land comprising 10.5 marlas, we direct that the same shall be acquired under the provisions of 2013 Act”.The bench added that Section 11 notification would be issued “forthwith” and that the entire acquisition process would be completed within an outer limit of three months. All statutory benefits under the Act were also directed to be paid to the petitioner within that period.Imposing the costs, the bench asserted: “The petitioner, who is a retired Lieutenant General of the Indian Army and has served the country as a distinguished soldier, appeared in person before this court on a number of occasions and was compelled to file the present petition. We deem it fit and proper to impose costs of Rs 50,000 upon the respondent-state. It shall also be paid by the respondent-state to the petitioner within the period of three months.”