Banarsi Dass v. State Of Punjab And ORS

CWP-15231-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15231-2016 Date of Decision: August 01, 2016 Banarsi Dass .....Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.P.C.Dhiman, Advocate for the petitioner.

........

SURYA KANT, J.

Notice of motion.

On our asking, Mr.Rajesh Bhardwaj, Addl.Advocate General, Punjab, who is present in Court, accepts notice on behalf of respondent Nos.1,3 and 4 and Mr.Shekhar Verma, Advocate, who is also present in Court, accepts notice on behalf of respondent No.2. Let two copies of the paper-book be supplied to learned State counsel and learned counsel for respondent No.2 during the course of the day. In view of the nature of order which we propose to pass, there is no necessity to seek reply from the respondents at this stage. The petitioner is resident of village Palanpur, Tehsil Kharar, District SAS Nagar, Mohali. He alleges that a part of his land measuring 2K 15M out of the land fully described in para No.2 of the writ petition situated in the revenue estate of village Majra, Sub-Tehsil Majri, District SAS Nagar, Mohali, was acquired vide LAO Award No.553, dated 27.02.2015. His grievance is that no demarcation has been carried out of the acquired and Meenu 2016.08.05 13:25 I attest to the accuracy and authenticity of this document chandigarh

CWP-15231-2016 -2unacquired land due to which he is unable to utilize his unacquired land. The petitioner appears to have run from pillar to post and even served a legal notice but finding no response for the small relief like demarcation of the land, that he has approached this Court. Having regard to the fact that relief sought by the petitioner is totally genuine and bona fide, we dispose of this writ petition with a direction to the Land Acquisition Collector, Mohali, and Tehsildar, Kharar, to carry out demarcation of the acquired land as well as the left out land of the petitioner within two weeks from the date of receipt of a copy of this order so as to enable the petitioner to utilize his unacquired land in accordance with law.

If needful is not done, there shall be a costs of `1,00,000/-, i.e. `50,000/- each on the Land Acquisition Collector and Tehsildar. A copy of this order be given to Mr.Rajesh Bhardwaj, Additional Advocate General, Punjab and Mr.Shekhar Verma, Advocate, for information and necessary compliance.

( SURYA KANT ) JUDGE August 01, 2016 ( SUDIP AHLUWALIA ) meenu JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Meenu 2016.08.05 13:25 I attest to the accuracy and authenticity of this document chandigarh