High Court of Punjab and HaryanaCWP/9770/2012disposed of

Gajraj Singh Etc. v. State Of Haryana

2016-01-19Mr. Justice Ramendra Jain2 pages

CWP No.9770 of 2012 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9770 of 2012 (O&M) Date of decision: 19.1.2016 Gaj Raj Singh and others ..... Petitioners

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. J.S. Yadav, Advocate, for the petitioners. Mr. Jasbir Mor, Advocate, for the respondents. RAJESH BINDAL, J The prayer in the present petition filed by the petitioners is that they are owners of the agricultural land situated in village Rajpura Alamgeerpur, Sub Tehsil Dharuhura, District Rewari. In the year 2008, Haryana Vidyut Prasaran Nigam Limited used their land for erection of transmission lines and for construction of sub station. The grievance is that though the transmission lines have been erected on the land of the petitioners and sub station has also been constructed, but the petitioners have not been compensated for the same. A complaint was also made in this regard to the Chief Engineer/Administrator, Haryana Vidyut Prasaran Nigam Limited on 20.9.2011, but no action has been taken till date.

Learned counsel for the respondents did not dispute the fact that transmission lines have been erected on the land owned by the petitioners, however, he is not sure about the construction of sub station. He further did not deny the fact that no compensation has been paid to the petitioners. He further submitted that compensation for damages of crops was paid to the petitioners. He further submitted that the competent authority will take a final decision regarding entitlement of compensation for use of the land of the petitioners within a period of two months and compensation, so determined, shall be paid immediately thereafter. SHARMILA 2016.01.22 12:37 I attest to the accuracy and authenticity of this document.

Chandigarh

CWP No.9770 of 2012 -2Learned counsel for the petitioners disputed the fact that any compensation was paid to the petitioners on account of damages to crops. After hearing learned counsel for the parties and considering the fact that the land of the petitioners was used by Haryana Vidyut Prasaran Nigam Limitted for erection of transmission lines and for construction of sub station, but they have not been compensated for that. In view of the fair stand taken by learned counsel for the respondents, the present petition deserves to be disposed of with a direction to respondent No.2 to take final decision on the claim of the petitioners for grant of compensation for use of their land for erection of transmission lines and also for construction of sub station, if any and the claim regarding damages to the crops be also examined.

Ordered accordingly.

Needful be done within a period of two months from the date of receipt of copy of this order.

The petition stands disposed of.

(RAJESH BINDAL) JUDGE 19.1.2016 sharmila SHARMILA 2016.01.22 12:37 I attest to the accuracy and authenticity of this document.

Chandigarh