Disposed

Balbir Singh v. State of Pb. etc.

Punjab & Haryana HC16 Oct 2008CWP/4649/2006

Case brief

AI extract

What is this about?

The court directed the petitioner to hand over possession of disputed land within 15 days, subject to a direction for the Sub Divisional Magistrate to reconsider a land purchase application within three months, expressly reserving opinion on the parties' rights.

What did the court decide?

Directed petitioner to hand over land possession within 15 days and directed Sub Divisional Magistrate to consider purchase application within three months.

Balbir Singh Vs State of Pb… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2008)

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CWP No.4649 of 2006

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.4649 of 2006 Date of decision:16.07.2010

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Balbir Singh

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...... Petitioner

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VERSUS

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State of Punjab through Secretary Irrigation & Drainage Punjab Civil Secretariat, Chandigarh and others

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......Respondents

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CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA.

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Present: Mr.Gaurav Chopra, Advocate for the petitioner.

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Mr.C.S.Brar, DAG, Punjab for the respondents.

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RAJIVE BHALLA.J (Oral)

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After addressing arguments for some time, counsel for the petitioner, states on instructions from the petitioner's son Harvinder Singh, that the petitioner shall hand over, possession of the land in dispute, to the Assistant Executive Engineer, Faridkot Water Drainage Construction Division, Faridkot, within 15 days. It is however prayed that as the abandoned drain passes through the petitioner's land and cannot be used by any other person, the Sub Divisional Magistrate, may be directed to reconsider the petitioner's prayer for purchase of this land in accordance with the policy dated 26.09.2007 (Annexure P-15), framed by the State of Punjab.

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In view of the statement made by counsel for the petitioner, the petitioner is directed to hand over possession of the land in dispute to Mr.Kuljeet Singh, Assistant Executive Engineer, Faridkot Water Drainage Construction Division, Faridkot, within 15 days.

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In case, the petitioner hands over possession in accordance with

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CWP No.4649 of 2006

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his statement, the Sub Divisional Magistrate, Faridkot, shall reconsider the petitioner's application for purchase of this land in accordance with the policy dated 26.09.2007 (Annexure P-15), framed by the State of Punjab, within three months.

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It is, however, made clear that this order shall not be construed to be an expression of any opinion either in favour of or against the rights of the parties. The Sub Divisional Magistrate, shall be competent to consider whether the petitioner's claim falls within the framework of policies framed by the State of Punjab that may be in force, within three months from receipt of a certified copy of this order.

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Disposed of accordingly.

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16.07.2010 shamsher

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[RAJIVE BHALLA] JUDGE

Balbir Singh v. State of Pb. etc.

Case brief

What is this about?

What did the court decide?

Balbir Singh v. State of Pb. etc.

Case brief

What is this about?

What did the court decide?

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