Gurcharan Singh And Others v. State Of Punjab And Others

2023:PHHC:072102-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 19034 of 2019 Date of Decision: May 17 , 2023.

Gurcharan Singh and others ...... PETITIONER (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL HON'BLE MRS.JUSTICE RITU TAGORE

Present:

Mr. Sanjeev Kumar Arora, Advocate for the petitioners.

Mr. Sandeep Jain, Addl.AG, Punjab.

*****

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? ***** LISA GILL, J.

1.

Prayer in this writ petition is for directing respondents No.1 to 7 to immediately stop illegal sand mining and excavation from the Panchayat land situated in village Kutubpura, Tehsil Zira, District Ferozepur allegedly being carried out by respondents No.9 and 10 in connivance with Panchayat members. 2.

As per reply filed on behalf of respondents No.1, 2 and 6, it is stated in paragraph 3 of the preliminary submissions that no illegal mining was carried out on the Panchayat land when the area was inspected on 07.02.2020. Earlier inspection was carried on 07.08.2019, whereupon it was found that the Panchayat land was full of water due to rain and factum of illegal mining could not be ascertained. It is further stated in the preliminary submissions that as per field report dated 03.12.2019 of the Junior Engineer-cum-Mining Inspector, Zira, OMKAR SINGH 2023.05.25 10:44 I attest to the accuracy and integrity of this document High Court, Chandigarh Gram Panchayat had excavated the minor mineral (sand/earth) for meeting land

CWP No.19034 of 2019 2023:PHHC:072102-DB [2] fill requirements from its own land and that no rent/royalty or permit fee is required to be charged from Gram Panchayat as per notification dated 18.03.2015.

3.

Learned counsel for the petitioners does not deny the same. 4.

Keeping in view the facts and circumstances as above, no further orders are called for in this writ petition.

5.

Writ petition is accordingly disposed of.

( LISA GILL ) JUDGE ( RITU TAGORE ) May 17 , 2023.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2023.05.25 10:44 I attest to the accuracy and integrity of this document High Court, Chandigarh