Disposed

Baljeet Kaur v. State of Pb. & Ors.

Punjab & Haryana HC12 Aug 2011CWP/1941/2006

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking allotment of a plot based on inheritance rights. It directed the Improvement Trust to decide whether the deceased was a local displaced person and consider allotment to the petitioner under his will, noting no final decision existed on the matter.

What did the court decide?

Writ petition disposed with direction to Improvement Trust to decide Karnail Singh's status and petitioner's entitlement under the will.

Baljeet Kaur Vs State of Pb. & Ors. — Land Acquisition | Punjab & Haryana HC (2011)

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CWP No. 1941 of 2006 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 1941 of 2006 Date of Decision: 12.8.2011

Baljeet Kaur

..Petitioner

Versus

State of Punjab and another

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..Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA

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Present: Mr. Puneet Jindal, Advocate for the petitioner.

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Mr. S.S.Sahu, AAG, Punjab for respondent no.1.

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Mr. A.P.Bhandari, Advocate for respondent no.2.

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RAJIVE BHALLA, J. ( ORAL)

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CM No. 7276 of 2011

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CM is allowed.

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Copy of guidelines (Annexure P-10) is taken on record.

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CWP No. 1941 of 2006

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Counsel for the parties pray that though the writ petition stands

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admitted and is now fixed for regular hearing, it may be taken up for hearing and decided.

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Ordered accordingly.

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The petitioner prays for issuance of a writ in the nature of mandamus directing the respondents to allot her a plot in accordance with the Land Disposal Rules, 1964/Utilization of Land and Allotment of Plots by Improvement Trust Rules, 1975 or such other rules or policy, as may be applicable.

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Counsel for the petitioner submits that petitioner's late father-inlaw Karnail Singh was a “local displaced person”. Upon his demise, his rights as a "local displaced person", have devolved upon the petitioner on

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CWP No. 1941 of 2006 2

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the basis of a Will. The petitioner is, therefore, entitled to allotment of a plot as a “local displaced person”.

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Counsel for the Improvement Trust submits that Karnail Singh, deceased, is not a "local displaced person" and, therefore, a plot cannot be allotted to the petitioner.

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I have heard counsel for the parties and perused the record.

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The petitioner alleges that she has succeeded to the rights of Karnail Singh, a "local displaced person", on the basis of a registered Will dated 20.10.1992 and is, therefore, entitled to allotment of a plot. The respondents oppose this prayer but without having taken any final decision in the matter. The statutory obligation to decide the rights of Karnail Singh as a "local displaced person" and the entitlement of the petitioner or other heirs of Karnail Singh, admittedly, rests upon the Improvement Trust.

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In the absence of any adjudication with respect to the rights of "Karnail Singh" and the petitioner, the writ petition is disposed of with the direction to the Improvement Trust, to consider and decide whether Karnail Singh was a “local displaced person” and if so, his entitlement to a plot. In the eventuality of Karnail Singh's claim being accepted as a "local displaced person" , the Improvement Trust, Ludhiana, shall consider and decide whether a plot should be allotted to the petitioner, on the basis of the Will dated 20.10.1992.

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This order shall not be construed to be an expression of opinion on the merits of the present controversy.

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( RAJIVE BHALLA ) JUDGE

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12.8.2011 VK

Baljeet Kaur v. State of Pb. & Ors.

Case brief

What is this about?

What did the court decide?

Baljeet Kaur v. State of Pb. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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