Petitioner sought compensation for land submerged due to a Bandh built in 1981. Court dismissed the writ petition filed over three decades later due to delay and lack of evidence showing submersion resulted from the Bandh.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.9415 of 2010 Date of decision: 6.8.2010
Harvinder Singh Bawa
…..Petitioner
versus
State of Punjab and others
……Respondents
CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih
Present: Mr.Onkar Singh Batalvi, Advocate for the petitioner Mr.Surinder Kapoor Kohli, Addl.A.G. Punjab
Jasbir Singh, J. (Oral)
In this writ petition, it is case of the petitioner that due to construction of a Bandh on river Beas, in a wrongful manner, land of the petitioner, detail of which has been shown in this petition, had sub-merged in the river-bed. His claim is for grant of compensation.
It is an admitted fact that the Bandh was constructed in the year 1981. This writ petition has been filed after about three decades of the above said construction. There is nothing on record to show that land of the petitioner has sub-merged in the river-bed on account of construction of the Bandh, mentioned above. It is also not clear that before the date of construction of the Bandh , the petitioner had been cultivating the land in dispute.
The respondents, by filing reply, have stated that land of the petitioner was already under river-bed before the construction of the Bandh.
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Civil Writ Petition No.9415 of 2010
After such a long time, no interference can be made in this writ petition at
the instance of the petitioner.
Dismissed.
(Jasbir Singh) Judge
06.08.2010 (Augustine George Masih) gk Judge
Harvinder Singh Bawa
State of Punjab
Jasbir Singh
Augustine George Masih
As recorded by the court registry
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