Rajinder v. State Of Haryana And ORS

  

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
  

Date of Decision:26.05.2022 Rajinder ...... Petitioner

Versus

State of Haryana and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH HON'BLE MR. JUSTICE LALIT BATRA *****
 

     

        

   ***** AMOL RATTAN SINGH, J. (ORAL) Vide this petition, the petitioner seeks issuance of a writ in the nature of mandamus directing the respondents to grant adequate compensation for the damages in demolishing his properties without any authority of law (as alleged). He seeks further, a direction that the proper procedure to be followed in case his land is required for the construction of a National Highway, and to decide his legal notice dated 11.02.2020 (Annexure P-4), within a specified time. Though otherwise we were inclined to hold that the petitioners' remedy is before the civil court in view of the fact that actual evidence would have to be led with regard to the location of the structure that was demolished, yet DINESH 2022.05.30 14:16 I attest to the accuracy of this document

  

-2counsel relies upon an order passed by a co-ordinate Bench of this court in CWP no.6299 of 2022, decided on 28.03.2022 (titled as Sunita v. State of Haryana and others), which he submits is an identical matter as would be seen from paragraph 2 of the said order, which reads as follows:- "In the present case, the petitioner is seeking adequate compensation for the damages caused to her property by the respondents while demolishing the same. A further direction is sought to be issued to the respondents to re-construct the structure of the petitioner."

Consequently,

              

  

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            (AMOL RATTAN SINGH) JUDGE  



   

Whether speaking/reasoned Yes Whether Reportable No DINESH 2022.05.30 14:16 I attest to the accuracy of this document