Disposed

Joginder Singh v. State of Pb. & Ors.

Punjab & Haryana HC12 Aug 2011CWP/1945/2006

Case brief

AI extract

What is this about?

In this stipulated case, the Court disposed of the petition by directing the Improvement Trust to determine if the deceased predecessor was a local displaced person and if the petitioner is entitled to a plot based on the Will, noting that the statutory obligation lies with the Trust.

What did the court decide?

CM No. 7284 of 2011 allowed; Writ petition disposed with direction to Improvement Trust to decide the claim.

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

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CWP No. 1945 of 2006 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 1945 of 2006 Date of Decision: 12.8.2011

Joginder Singh

..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. 7284 of 2011

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CM is allowed.

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Copy of guidelines (Annexure P-11) is taken on record.

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CWP No. 1945 of 2006

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Counsel for the parties pray that though the writ petition stands 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 him 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 Balwant Singh, predecessor-in-interest of the petitioner, was a “local displaced person” and as Balwant Singh has executed a Will in favour of the petitioner, the

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CWP No. 1945 of 2006 2

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petitioner is entitled to allotment of a plot as a “local displaced person” .

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Counsel for the Improvement Trust submits that Balwant 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 he has succeeded to the rights of Balwant Singh, a "local displaced person", on the basis of a registered Will 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 Balwant Singh as a "local displaced person", and the entitlement of the petitioner, or the other heirs of Balwant Singh, admittedly, rests upon the Improvement Trust.

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

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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

Joginder Singh v. State of Pb. & Ors.

Case brief

What is this about?

What did the court decide?

Joginder Singh v. State of Pb. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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