Disposed

Balbir Singh v. State of Punjab & Ors.

Punjab & Haryana HC15 May 2014CWP/9318/2014

Case brief

AI extract

What is this about?

The Court quashed the objection to the 15.68 South Avenue Scheme raised based on engineering reports. It issued a direction for the State and the Improvement Trust to reconsider the scheme's feasibility within three months.

What did the court decide?

Direction to State of Punjab and Phagwara Improvement Trust to reconsider the issue of feasibility of the scheme and take an appropriate decision within three months.

Balbir Singh Vs State of Punjab & Ors. — Public Procurement and Tenders | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.9318 of 2014 Date of Decision: May 15, 2014

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.....PetitionerPetitioner

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Balbir Singh .....PetitionerPetitioner versus State of Punjab and others .....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE MAHAVIR S.CHAUHAN.

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Present : Mr.Amit Rawal, Senior Advocate with Mr.Deepak Sabherwal, Advocate, for the petitioner.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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The petitioner impugns '15.68 South Avenue Scheme' floated by the Phagwara Improvement Trust, on the plea that the same cannot be given effect as it is not possible to construct 60 feet wide road to connect the acquired area with the township. Reliance is placed in this regard on the averments said to have been made by the Chief Engineer (Canal), Punjab in his affidavit dated 14.10.2013 (Annexure P-7) filed in COCP No.1584 of 2011. The relevant extract of the said affidavit is to the following effect:-

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“.....2. That the Executive Engineer Construction Division No.1, PWD B & R, Jalandhar Cantt. had intimated vide his memo No.853 dated 3.8.2011 and that as per the proposal to construct 60 ft. wide, 11 feet long bridge with top level at 6 ft. higher than N.S.L. of green belt, it is not possible to raise the Phagwara-Dosanj Road upto such height due to less width of road. The report of Executive Engineer, Bist Doab Division, Jalandhar, addressed to the Chief Engineer

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Kumar Mohinder 2014.05.29 14:47 I attest to the accuracy of this order Chandigarh

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CWP No.9318 of 2014

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[2]

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(Canal), Punjab, is attached as Annexure R-1. 3. That accordingly, it is not possible to construct intersection/bridge as per site conditions which was intimated to the Improvement Trust, Phagwara, vide this office letter No.5156/49-W dated 15.09.2011....”

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It is urged that in the light of the communication received from the Irrigation Department vide their letter dated 15.09.2011, referred to above, it is imperative upon the Trust to reconsider/abandon the claim for want of feasibility of the scheme. It is also contended that a representation made by the petitioner to this effect has not been considered by the respondent-authorities.

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We, thus, dispose of this writ petition, however, without expressing any views on the merits of petitioner's claim, with a direction to the State of Punjab as well as the Phagwara Improvement Trust to consider the abovementioned issue of non-feasibility of the Scheme and take an appropriate decision in accordance with law, within a period of three months from the date of receiving a certified copy of this order.

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Ordered accordingly.

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Dasti.

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May 15, 2014 [MAHAVIR S.CHAUHAN] Mohinder JUDGE

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Kumar Mohinder 2014.05.29 14:47 I attest to the accuracy of this order Chandigarh

Balbir Singh v. State of Punjab & Ors.

Case brief

What is this about?

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Balbir Singh v. State of Punjab & Ors.

Case brief

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