Disposed

Balwinder Singh and Ors. v. State of Punjab & Ors.

Punjab & Haryana HC28 Sept 2016CWP/20200/2016

Case brief

AI extract

What is this about?

The petitioners, border residents, complained that their land was used by the Army for security without acquisition or compensation. The Court disposed of the writ by directing respondents to ascertain facts and compensate within four months, granting liberty to approach the Tribunal for determination if the grievance persists.

What did the court decide?

Direction to respondents to ascertain facts and compensate petitioners within four months; liberty to approach the Tribunal.

Balwinder Singh and Ors. Vs State… — Pension and Retirement Benefits | Punjab & Haryana HC (2016)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶2

Civil Writ Petition No.20200 of 2016. Date of Decision: September 28, 2016

¶3

Balwinder Singh and others ......Petitioners versus State of Punjab and others .....Respondents

¶4

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

¶5

Present: Mr.Paramjit Singh Brar, Advocate, for the petitioners.

¶6

-.-

¶7

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

¶8

To be referred to the Reporters or not?

¶9

Whether the judgment should be reported in the Digest?

¶10

¶11

Surya Kant, J . (Oral)

¶12

The petitioners are residents of different villages, namely, Kot Raijada, Malakpur, Langerpura, Daria Moosa and Kotli Barwala, Tehsil Ramdas, District Amritsar, which are near/abutting the Indo-Pak border. Their grievance is that their lands have been utilized by the Army since the year 2005 for the border security and other allied purposes including construction of ' bunkers' etc. However, neither the land was acquired nor any compensation has been paid to them. It is further averred that a notification under Section 4 of the Land Acquisition Act, 1894 (since repealed) was issued by Punjab Government on 27.08.2009 (P-6) to acquire their land but those proceedings have also lapsed as no further action was taken. On this premise, the petitioners seek a direction for payment of

¶13

compensation etc.

¶14

Mohinder Kumar Kamboj 2016.10.17 12:00 I attest to the accuracy and integrity of this document Chandigarh

¶15

CWP No.20200 of 2016

¶16

[2]

¶17

This Court in LPA No.35 of 2012 (Punjab Border Kissan Welfare Society versus Union of India and others) decided on 20.05.2015, had constituted a Tribunal which is already functional for determination of compensation claims of farmers/land-owners of the border area whose lands have been utilized by the Indian Army/Border Security Force etc.

¶18

We thus dispose of this writ petition firstly with a direction to the respondents to ascertain the correct facts and take necessary action, as may be required in law, to compensate the petitioners. The needful shall be done within a period of four months from the date of receiving a certified copy of this order. However, if the grievance of the petitioners is still not redressed, we grant them liberty to approach the Tribunal who shall determine their claim in accordance with law.

¶19

Ordered accordingly.

¶20

Dasti.

¶21

	[SURYA KANT] JUDGE
September 28, 2016	[SUDIP AHLUWALIA]
mohinder	JUDGE
Whether speaking/reasoned	: Yes/No
Whether Reportable	: Yes/No

¶22

Mohinder Kumar Kamboj 2016.10.17 12:00 I attest to the accuracy and integrity of this document Chandigarh

Balwinder Singh and Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Balwinder Singh and Ors. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vinod Kumar Madan and Others Vs State of Haryana and Others

Krishan Singh Vs State of Haryana & Anr.

Nirmal Singh and Anr. Vs State of Punjab and Ors.

Managing Society of Guru Gobind Singh Khalsa College Vs Union of India & Ors.

Ram Kishan and Ors. Vs State of Haryana & Ors.

Barjinder Kuamr Jindal Vs Union of India and Ors.