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High Court of Punjab and HaryanaCWP/10469/2014dismissed

Rashpaul v. State Of Punjab & ORS

2016-03-28Mr. Justice Gurmeet Singh Sandhawalia2 pages

CWP No. 10469 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 10469 of 2014 Date of decision: 28.03.2016 Rashpaul ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

None for the petitioner.

Ms. Monica Chhibbar Sharma, DAG, Punjab.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks directions to be provided employment in view of the Rehabilitation and Resettlement Policy dated 18.11.1993 (Annexure P-1) on the ground that the land of the family of the petitioner was acquired for the purposes of the construction of Ranjit Sagar Dam. Counsel for the State has pointed out that a speaking order dated 21.01.2014 (Annexure R-9) has been passed in the case of the petitioner whereby, the claim of the petitioner has been rejected on account of the fact that his brother namely Joginder Pal was provided employment on 30.07.2013. It is further pointed out that the petitioner himself had given an affidavit dated 10.07.2012 (Annexure R-10) that the petitioner would have no objection if his brother was appointed in the Ranjit Sagar Dam Project. It is not the case of the petitioner that the said affidavit was taken by any fraud or coercion. Rather the petitioner is silent regarding the appointment granted to his brother.

In such circumstances, once one family member has been SHIVANI GUPTA 2016.04.05 15:18 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 10469 of 2014 granted the appointment, this Court does not deem it fit that any further directions can be issued on account of the fact that petitioner himself has given an affidavit consenting to the appointment of his brother. The factum the issue of the order of appointment in the favour of his brother has also been conveniently concealed.

In such circumstances, no relief can be granted to the petitioner. Accordingly, the present writ petition is dismissed. 28.03.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.04.05 15:18 I attest to the accuracy and integrity of this document Chandigarh