High Court of Punjab and HaryanaCWP/8161/2019disposed of

Gurtej Singh And ORS v. State Of Punjab And ORS

2020-03-03Mrs. Justice Lisa Gill2 pages

CWP No.8161 of 2019 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 8161 of 2019 Date of Decision: March 03 , 2020.

Gurtej Singh and others ...... PETITIONER (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. KBS Mann, Advocate for the petitioners.

Mr. Abhaypal Singh Gill, AAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This writ petition has been filed by the petitioners, who are the residents of village Hari Ke Kalan, District Sri Mutksar Sahib seeking exemption from the rigours of the provisions of the Punjab Preservation of Sub Soil Water Act, 2009 (for short, the 'Act') in respect of the cut off dates regarding sowing of paddy.

It is submitted that agricultural land of the petitioners is besieged with the problem of water logging and they seek exemption as provided under Section 3 (3) (c) of the Act.

OMKAR SINGH 2020.03.05 16:51 I attest to the accuracy and integrity of this document High Court, Chandigarh

CWP No.8161 of 2019 [2] As per reply filed by way of affidavit dated 22.05.2019 on behalf of respondents No.1 to 3, it is specifically mentioned that survey of the area of village Hari Ke Kalan was conducted on 11.04.2019 by a Committee of ground water cell, Bathinda. The said Committee submitted its report to the Hydrologist Division-I, Mohali, Punjab on 25.04.2019 for granting exemption to village Hari Ke Kalan as water table measured by the team of experts came to be less than one meter and it is recommended that the present petitioners are entitled to get the benefit of the exemption clause in terms of the Act. In this view of the matter, this writ petition is disposed of with a direction to the respondents for issuance of the necessary notification in accordance with law, expeditiously and preferably within five weeks. ( LISA GILL ) March 03 , 2020.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2020.03.05 16:51 I attest to the accuracy and integrity of this document High Court, Chandigarh