High Court of Punjab and HaryanaCWP/17169/2016dismissed

Sarabjit Singh v. State Of Punjab & ORS.

2016-08-24Mr. Justice R.P. Nagrath2 pages

VINOD KUMAR 2016.08.29 10:43 I attest to the accuracy and authenticity of this document Chandigarh CWP No.17169 of 2016 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.17169 of 2016 Date of decision:24.08.2016 Sarabjit Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Jaivir S. Chandail, Advocate, for the petitioner.

**** Rakesh Kumar Jain, J.

The petitioner has alleged that the Government of Punjab was financed by the World Bank for installation of Sewerage Treatment Plant in village Sawarpur, Tehsil Samrala, District Ludhiana, for which sewerage pipeline of about 62000 meters was laid leading to the Sewerage Treatment Plant of 0.166 MLD in village Swarpur. The contract of the aforesaid project was given to respondent No.7 by the Water Supply and Sanitation Department, Punjab. It is further alleged that during the course of laying of pipes in village Swarpur leading to the Sewerage Treatment Plant, the streets of the village were dug up, which has caused damage to the house of the petitioner. The petitioner made complaint/representation to the concerned authorities for compensation but to no effect. Thus, the present petition has been filed for seeking a direction to respondent No.1 to hold an enquiry regarding damage caused to the houses while laying of sewerage

VINOD KUMAR 2016.08.29 10:43 I attest to the accuracy and authenticity of this document Chandigarh CWP No.17169 of 2016 [ 2 ] ***** system in village Sawarpur and also to compensate the petitioner for the damage caused to his house.

I have heard learned counsel for the petitioner and after examining the pleadings and prayer made in the writ petition, am of the considered opinion that the petitioner is basically aggrieved against the alleged damage caused to his house because of the laying of pipeline for the sewerage system, for which the petitioner has to file a suit for damages as it would require evidence both oral as well as documentary to prove the extent of damage and liability of the respondents, which cannot be decided by this Court in the writ jurisdiction.

Hence, the present petition is hereby dismissed being denuded of any merit.

August 24, 2016 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned:

Yes/No Whether Reportable:

Yes/No