Disposed

Ravinder Kumar & Ors. v. Union of India & Ors.

Punjab & Haryana HC4 May 2011CWP/14223/2009

Case brief

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What is this about?

The Court disposed of the writ petition directing the Deputy Commissioner to earmark and allot alternative land to the petitioner before dispossession, ensuring possession transfer and issuing necessary allotment documents.

What did the court decide?

Directing the Deputy Commissioner to identify, allot, and hand over possession of alternative land within three months, pending which the petitioner remains in possession, with liberty to claim compen

Ravinder Kumar & Ors. Vs Union of India & Ors. — Land Acquisition | Punjab & Haryana HC (2011)

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Civil Writ Petition No.14223 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.14223 of 2009

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Ravinder Kumar & others

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.....Petitioners

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VERSUS

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Union of India & others

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....Respondents

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CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

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PRESENT: Mr. A.K. Khunger, Advocate, for the petitioners.

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Mr. S.S. Sandhu, Advocate, for respondent No.1.

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Mr. Sumeet Abrol, AAG, Punjab for the State.

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RANJIT SINGH, J.

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As disclosed before this Court by State counsel on 20.1.2011, the Deputy Commissioner had earmarked an area in Khasra No.464/680, for allotment to petitioner-Ravinder Kumar as an alternative to his site. Petitioner-Ravinder Kumar, therefore, can be shifted and this land can be allotted to him.

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The counsel for the petitioners is justified in submitting that the area earmarked and which is to be allotted to petitioner, be identified and the possession thereof be handed over to him before he is asked to vacate land in his possession. The Deputy Commissioner is directed to detail a suitable revenue Officer, who

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Civil Writ Petition No.14223 of 2009

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will visit the spot and earmark the land and then hand over the same to petitioner-Ravinder Kumar. Petitioner-Ravinder Kumar shall also be given the valid allotment order or letter conferring title of the land to the petitioner, which is now going to be allotted to him. Needless to mention that if it is so needed, the passage be provided to the plot so allotted to the petitioner. The Deputy Commissioner may also consider allotment of the land, which may be a equal in use to the land being taken from the petitioner. In case of difference in value, the petitioner would be at liberty to seek compensation and also for the construction, which he has carried out on the land in his possession. Let the needful be done within three months from the date of receipt of certified copy of this order. The petitioner shall only be dispossessed after allotment and handing over of the possession of the land being allotted. If the allotment is now made and possession is given to the petitioner, he may be allowed to carry out any construction in the land being allotted in order to shift his stock to the new place.

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The writ petition is, accordingly, disposed of.

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(RANJIT SINGH) JUDGE

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May 04, 2011 monika

Ravinder Kumar & Ors. v. Union of India & Ors.

Case brief

What is this about?

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Ravinder Kumar & Ors. v. Union of India & Ors.

Case brief

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What the court decided

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