Disposed

Balbir Singh & Ors. v. State of Haryana & Other

Punjab & Haryana HC31 Mar 2014CWP/6068/2014

Case brief

AI extract

What is this about?

This petition challenges encroachments on shamlat land and a village pond in Haryana. The court relies on a Supreme Court judgment mandating eviction and directs the State to submit a compliance report on steps taken to implement that judgment.

What did the court decide?

The petition is disposed of; the State of Haryana is directed to file a compliance report on 11.04.2014 regarding steps taken to implement the Supreme Court judgment on encroachments.

Balbir Singh & Ors. Vs State of… — Civil Procedure and Limitation | Punjab & Haryana HC (2014)

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I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH

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Civil Writ Petition No.6068 of 2014 (O&M) DATE OF DECI SI ON: 31.03.2014

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Balbir Singh and others

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…..Petitioners

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versus

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State of Haryana and others

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.....Respondents

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CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI

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Present: Mr. Ravinder Malik, Advocate for the petitioner

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SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)

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Notice of motion.

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Mr. Ajay Gupta, Addl. Advocate General, Haryana accepts notice on behalf of respondents No.1 to 6.

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A complete set of paper-book be supplied to him during the course of the day.

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The grievance made in the present petition is qua encroachment on the village pond, phirni , etc. in respect of the shamlat land of village Chakda, Tehsil Nissing, District Karnal (Haryana) by villagers and Lam bardar of the area, who are petitioners. The encroachment is alleged to be that of husband of the Sarpanch and it is stated that despite an order being passed as far back as 16.8.1990 under Section 7 of the Punjab Village Com mon Lands (Regulation) Act, 1961, as applicable to State of Haryana, at ground level, nothing has been done. Instructions are stated to have been issued by superior authorities, but to

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Chand Parkash 2014.03.31 15:59 I attest to the accuracy and integrity of this document

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CW P- 6068 - 2014

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- 2 -

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no effect and, thus, the present writ petition has been filed under Article 226 of the Constitution of India for issuance of appropriate writ, order or direction in public interest to the concerned authorities to take action qua the encroachm ents.

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A reference has been made to an earlier order passed by us in CWP No.3571 of 2014 on 25.2.2014 where we had relied upon the judgment of the Hon’ble Supreme Court in Jagpal Singh and others vs. State of Punjab and others, 2011 AI R ( SC) 1123 and there is a mandate for the State Governm ents and Union Territories to take action for protection of the Gram Sabha/ Gram Panchayat/ Poram boke/ Shamlat land with a scheme for speedy eviction, more so as part of the area is village pond.

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We, thus, call upon the State of Haryana to take action in accordance with law qua the encroachments and inform the Court as to what steps have been taken to implem ent the said judgment of the Suprem e Court in the State.

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The petition accordingly stands disposed of.

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List for com pliance on 11.04.2014 when the respondents will

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file a compliance report at least three days prior to the next date.

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( SANJAY KI SHAN KAUL ) CHI EF JUSTI CE

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31.03.2014 ( ARUN PALLI ) parkash* JUDGE

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Chand Parkash 2014.03.31 15:59 I attest to the accuracy and integrity of this document

Balbir Singh & Ors. v. State of Haryana & Other

Case brief

What is this about?

What did the court decide?

Balbir Singh & Ors. v. State of Haryana & Other

Case brief

What is this about?

What did the court decide?

What the court decided

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