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High Court of Punjab and HaryanaCWP/19732/2016disposed of

Swaran Singh & ORS v. Union Of India And ORS

2016-09-22Ms. Justice Navita Singh,Mr. Justice Ashok Kumar Verma2 pages

CWP-19732-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19732-2016 Date of Decision: September 22, 2016 Swaran Singh and others .....Petitioners

Versus

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

Present:

Mr.Naresh Kaushal, Advocate for the petitioners.

........

SURYA KANT, J.

A part of petitioners' land was acquired by the Railway Authorities but as per order dated 09.09.2015 passed by Land Acquisition Collector, Kharar, the Railways have taken possession of more than the acquired land of petitioners. After carrying out measurements, the Land Acquisition Collector has observed that land measuring 2 K 3-1/4 M is in possession of the Railway Department whereas they had acquired only 1K land. A direction has thus been issued by the Land Acquisition Collector to the Railway Authorities to pay compensation in respect of additional unacquired land which is in their possession. Since the needful has not been done so far, the petitioners have approached this Court. The claim raised by the petitioners is surely required to be determined at the hands of the Railway Authorities in association with the Land Acquisition Collector. We thus dispose of this petition, without Meenu 2016.09.29 14:06 I attest to the accuracy and authenticity of this document chandigarh

CWP-19732-2016 -2expressing any views on merit, directing respondent No.3 to submit its response to the order dated 09.09.2015 passed by Land Acquisition Collector and if it is found that, as a matter of fact, some additional un-acquired land has also been utilized by the Railway, let due amount of compensation be paid to the petitioner in respect thereto within a period of four months from the date of receipt of a certified copy of this order. ( SURYA KANT ) JUDGE September 22, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Meenu 2016.09.29 14:06 I attest to the accuracy and authenticity of this document chandigarh