Disposed

Gurvinder Singh & Anr. v. State of Punjab and Ors.

Punjab & Haryana HC15 Sept 2016CWP/19073/2016

Case brief

AI extract

What is this about?

The court directed the respondents to ascertain if the petitioners land was utilized for public purpose without acquisition. If proven, acquisition must be initiated and compensation paid within six months.

What did the court decide?

direction to respondents to ascertain facts and if land utilization is confirmed without acquisition, initiate process and pay compensation within six months.

Gurvinder Singh & Anr. Vs State of Punjab and Ors. — Land Acquisition | Punjab & Haryana HC (2016)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.19073 of 2016. Date of Decision: September 15, 2016

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Gurvinder Singh and another ......Petitioners

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versus

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State of Punjab and others .....Respondents

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CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

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Present: Ms.Dhivya Jerath, Advocate, for the petitioners. Mr.Rajesh Bhardwaj, Additional AG, Punjab.

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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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Notice of motion.

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On our asking, Mr.Rajesh Bhardwaj, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondents.

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Let four copies of the writ petition be supplied to learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

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In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondents at this stage.

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The grievance of the petitioners in this case is that a part of their land described in para No.3(i) of the writ petition has been utilized by

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Mohinder Kumar Kamboj 2016.09.28 17:07 the respondents for the construction of Banur Canal System, for which land I attest to the accuracy and integrity of this document Chandigarh

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CWP No.19073 of 2016

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[2]

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measuring 66.60 acres of village Bakarpur was also acquired. It is alleged that the land of the petitioners has been utilized without any acquisition. Resultantly, no compensation has been paid to them. In this backdrop, a direction is sought to the authorities to acquire the petitioners' land and pay them compensation. It is also averred that the land stands utilized since the year 2006 onwards.

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As the facts would speak for themselves, if the land of petitioners has been utilized for a 'public purpose' without acquiring it, such action of the authorities would be per se illegal. The next recourse for the authorities, therefore, will have to acquire such land and pay due amount of compensation to the petitioners. At the same time, the issues raised by the petitioners being factual in nature, a fact finding equiry requires to be conducted by the authorities.

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We thus dispose of this writ petition with a direction to the respondents to ascertain the correct facts and if it is found that the land of petitioners has been utilized for the above-stated public purpose without acquiring the same, let acquisition process be initiated and completed within a period of six months from the date of receiving a certified copy of this order and due amount of compensation be paid to the petitioners.

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[SURYA KANT] JUDGE

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September 15, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

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Mohinder Kumar Kamboj 2016.09.28 17:07 I attest to the accuracy and integrity of this document Chandigarh

Gurvinder Singh & Anr. v. State of Punjab and Ors.

Case brief

What is this about?

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Gurvinder Singh & Anr. v. State of Punjab and Ors.

Case brief

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