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High Court of Punjab and HaryanaCWP/22168/2013allowed

Randhir Singh And Others v. State Of Punjab And Others

2015-11-27Mr. Justice Surinder Gupta,Mr. Justice Rajan Gupta3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH [1] CIVIL WRIT PETITION No.22168 of 2013 Date of Decision: November 27, 2015 Randhir Singh and others ....Petitioners versus State of Punjab and others .....Respondents [2] CIVIL WRIT PETITION No.23090 of 2013 Kulwinder Singh and others ....Petitioners versus State of Punjab and others .....Respondents [3] CIVIL WRIT PETITION No.23886 of 2013 Tarlochan Singh and others ....Petitioners versus State of Punjab and others .....Respondents [4] CIVIL WRIT PETITION No.24756 of 2013 Gurdev Singh and others ....Petitioners versus State of Punjab and others .....Respondents [5] CIVIL WRIT PETITION No.25083 of 2013 Kanta Devi ....Petitioner versus State of Punjab and others .....Respondents [6] CIVIL WRIT PETITION No.26228 of 2013 Mohinder Singh and others ....Petitioners versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE HARI PAL VERMA.

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CWP No.22168 of 2013 & connected cases [2] Present: Mr.Naresh Kaushal, Advocate, for the petitioners. Mr.Rajesh Bhardwaj, Additional AG, Punjab.

Mr.Shekhar Verma, Advocate, for GMADA.

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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) This order shall dispose of CWP Nos.22168, 23090, 23886, 24756, 25083 and 26228 of 2013 as common questions of law and facts are involved in all these cases. For brevity, the facts are being extracted from CWP No.22168 of 2013.

The petitioners' land situated within the revenue estate of villages Chau Majra, Bakarpur, Ruraka, Manoli, Tehsil and District SAS Nagar, Mohali, was acquired vide Award No.527 dated 13.12.2011 for the development of urban estate of SAS Nagar, Mohali. All of them qualify to be included in the category of 'Oustees' and are entitled to allotment of plots under that category. The controversy in the present case pertains to only rate of allotment of the plots to the petitioners under the 'Oustees' category.

In view of the principles laid down by this Court in CWP No.19647 of 2013 (Harmail Singh and others versus State of Punjab and others) and other connected cases, decided on 20.05.2015, there can be no quarrel that the petitioners are entitled to allotment of plots at the rate which was prevalent at the time of acquisition of their land on 13.12.2011. The writ petitions are accordingly allowed in terms of Harmail Singh and others' case (supra) and the respondents are directed to do the needful accordingly and issue allotment

CWP No.22168 of 2013 & connected cases [3] letters to the petitioners within a period of two months from the date of receiving a certified copy of this order. Dasti.

[SURYA KANT] JUDGE November 27, 2015 [HARI PAL VERMA] mohinder JUDGE