Allowed

Swaran Kaur v. State of Punjab and Ors.

Punjab & Haryana HC27 Nov 2015CWP/21528/2013

Case brief

AI extract

What is this about?

The Court held that the petitioner is entitled to an allotment of land under the "Oustees" category at the rate approved in the connected case Harmail Singh, rather than the higher rate of Rs.23,500 per square yard.

What did the court decide?

The writ petition was allowed; the allotment of the plot to the petitioner is directed to be offered/revised at the rate approved in the Harmail Singh case within two months.

Swaran Kaur Vs State of Punjab and Ors. — Land Acquisition | Punjab & Haryana HC (2015)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CIVIL WRIT PETITION No.21528 of 2013 Date of Decision: November 27, 2015

Swaran Kaur

....Petitioner

versus

State of Punjab and others

¶7

.....Respondents

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CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE HARI PAL VERMA.

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Present: Mr.Naresh Kaushal, Advocate, for the petitioner. Mr.Rajesh Bhardwaj, Additional AG, Punjab. Mr.Shekhar Verma, Advocate, for respondent Nos.2 to 4.

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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 land of the petitioner's father situated within the revenue estate of village Mauli Baidwan, Tehsil and District Mohali was acquired for the development of Sector-81, SAS Nagar, Mohali vide two separate Awards, i.,e., Award No.448 dated 22.02.1995 for the land measuring 13 kanal 5 marla and second piece of land measuring 4 marla was acquired vide Award No.494 dated 26.12.2006.

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The question that has been raised in the instant writ petition is whether the petitioner is liable to pay @ Rs.23,500/- per square yard for the plot allotted to her under the 'Oustees' category or she is entitled to pay @ Rs.3350/- per square yard.

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MOHINDER KUMAR 2015.11.28 14:43 I attest to the accuracy and authenticity of this document Chandigarh

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CWP No.21528 of 2013

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[2]

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The aforesaid question has been answered by a Coordinate Bench in favour of the oustees like the petitioner in CWP No.19647 of 2013 (Harmail Singh and others versus State of Punjab and others) and other connected cases, decided on 20.05.2015.

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Following the said decision, the instant writ petition is allowed and it is directed that in case after clubbing the acquired land vide the above mentioned two Awards, the petitioner is entitled to allotment of plot under the 'Oustees' category, such allotment shall be offered/revised at the rate as has been approved by this Court in Harmail Singh and others' case (supra).

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Let the needful be done within a period of two months from the date of receiving a certified copy of this order.

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Dasti.

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November 27, 2015 [HARI PAL VERMA] mohinder JUDGE

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MOHINDER KUMAR 2015.11.28 14:43 I attest to the accuracy and authenticity of this document Chandigarh

Swaran Kaur v. State of Punjab and Ors.

Case brief

What is this about?

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Swaran Kaur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

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