Soma Devi v. State Of Punjab And ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.25287 of 2016.

Date of Decision: December 07, 2016 Soma Devi ......Petitioner versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.M.L.Sharma, Advocate, for the petitioner. 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 f the respondents. Let four 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 petitioner is a resident of village Mirzapur, Tehsil Kharar, District SAS Nagar Mohali. She seeks a writ of mandamus to direct the Land Acquisition Collector-respondent No.4 to decide the petition filed by her under Section 28-A of the Land Acquisition Act, 1894 for reMohinder Kumar Kamboj 2017.01.10 11:53 I attest to the accuracy and integrity of this document Chandigarh

CWP No.25287 of 2016 [2] determination of market value of her acquired land on the basis of the Award given by the Reference Court in LAC No.115 of 09.09.2009, decided on 01.08.2013 (Murari Lal vesus State of Punjab). It is averred that the petitioner has filed her petition under Section 28-A of the old Act within 90 days, i.e., on 28.10.2013 but that petition has not been decided so far by the Land acquisition Collector.

Having heard learned counsel for the parties and considering the nature of relief sought in this writ petition, we dispose of the same with a direction to the Land Acquisition Collector-respondent No.4 to call for the records and if petition filed by the petitioner under Section 28-A of the Act is still pending, decide the same in accordance with law within a period of three months from the date of receiving a certified copy of this order. Dasti.

[SURYA KANT] JUDGE December 07, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2017.01.10 11:53 I attest to the accuracy and integrity of this document Chandigarh