Om Parkash & ORS v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.17759 of 2016.

Date of Decision: August 30, 2016 Om Parkash and others ......Petitioners versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.Inderjeet Singh, Advocate, for the petitioners. Mr.Rajesh Bhardwaj, Additional AG, Punjab.

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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) Notice of motion.

On our asking, Mr.Rajesh Bhardwaj, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondents. Let three copies of the writ petition be supplied to learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondents at this stage. The petitioners seek compensation in respect of the plots, allegedly allotted to them by the Punjab & Pepsu Land Donation Committee and which have since been acquired by the Irrigation Department, Punjab. It Mohinder Kumar Kamboj 2016.09.08 12:56 I attest to the accuracy and integrity of this document Chandigarh

CWP No.17759 of 2016 [2] is claimed that the plots were carved out and allotted to the petitioners/their predecessors in the year 1955 but the same were later on allegedly acquired by the Irrigation Department, Punjab, for construction of Shajrana Link Drain etc. Reliance is placed on a communication dated 13.02.2014 (P-3) sent by the Sub Divisional Magistrate, Fazilka to the Deputy Commissioner, Ferozepur, for awarding compensation in lieu of the petitioners' land, the details whereof are also mentioned in the said communication. It is further averred that the Deputy Commissioner, Ferozepur forwarded the case to Financial Commissioner (Revenue), Punjab on 02.11.2015 (P-4) but no final decision has been conveyed so far.

Having heard learned counsel for the parties and after going through the contents of the communications relied upon by the petitioners but without expressing any views on their entitlement, we dispose of this writ petition with a direction to the respondents to ascertain the factual pleas taken by the petitioners and if found entitled to, let the due amount of compensation be paid to them within a period of four months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE August 30, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.09.08 12:56 I attest to the accuracy and integrity of this document Chandigarh