Gursewak Singh v. Union Of India & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.15554 of 2016.

Date of Decision: August 04, 2016 Gursewak Singh ......Petitioner versus Union of India and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.P.S.Miglani, Advocate, for Mr.Ashok Bhardwaj, Advocate, for the petitioner. -.-

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? --- Surya Kant, J . (Oral) The petitioner and private-respondent Nos.3 to 19 are cosharers in the land duly described in para 2 of the writ petition. A part of the land has been acquired under the National Highways Act, 1956. The petitioner alleges that the acquired land does not fall within the share of the private-respondents as they are in possession of the land to the extent of their respective shares. On this premise, he further alleges that respondent Nos.3 to 19 are not entitled to receive any compensation. Having heard learned counsel for the petitioner, we find that there is a dispute with regard to determination of respective shares of different co-owners of the acquired land and/or apportionment of compensation amongst them. As the dispute is essentially a question of fact for which both the parties are to produce proof/evidence, we dispose of this Mohinder Kumar Kamboj 2016.08.19 15:46 I attest to the accuracy and integrity of this document Chandigarh

CWP No.15554 of 2016 [2] writ petition without expressing any views on merits, with a direction to respondent No.2-Land Acquisition Collector-cum-Sub Divisional Magistrate, Sangrur, to determine the controversy by way of a reasoned order, as early as possible but not later than two months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE August 04, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.08.19 15:46 I attest to the accuracy and integrity of this document Chandigarh