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High Court of Punjab and HaryanaCWP/21458/2022dismissed

Ghumman Singh And ORS v. State Of Haryana And Others

2022-12-19Mr. Justice Sudhir Mittal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 21458 of 2022 Date of Decision:- 19.12.2022 GHUMMAN SINGH AND ORS ....Petitioners vs.

STATE OF HARYANA AND OTHERS ....Respondents *** BEFORE :- HON'BLE MR. JUSTICE SUDHIR MITTAL *** Present:- Mr. Vikram Singh, Advocate, for the petitioners.

*** Sudhir Mittal, J. (Oral) The petitioners had issued a legal notice dated 28.12.2021 demanding that the flow in the Chatang Drain be not disrupted by planting trees as the same would result in flooding of the surrounding agricultural land. Vide order dated 11.05.2022 (Annexure P-3) passed by this Court in CWP No. 9987 of 2022, a direction was issued to the respondents therein to decide the said legal notice by passing a speaking order within a period of 12 weeks. Vide reply dated 15.07.2022 to the legal notice dated 28.12.2021, the demand raised therein has been rejected. Thus, the present writ petition has been filed.

Learned counsel for the petitioners reiterates the argument raised earlier i.e. disruption of flow of water. A perusal of the reply dated 15.07.2022 shows that the department is in fact engaged in revival of the Chatang Drain as parts thereof have been encroached by the agriculturists. Demarcation is being done and trees are being planted on the sides thereof so that there may be no POONAM RATHORE 2022.12.20 10:40 I attest to the accuracy and authenticity of this order/judgement

CWP No. 21458 of 2022 -2encroachment in future. Thus, the argument raised is misconceived and is rejected.

Writ petition has no merit and is dismissed.

December 19, 2022 ( SUDHIR MITTAL) poonam JUDGE Whether Speaking/Reasoned Yes Whether Reportable No POONAM RATHORE 2022.12.20 10:40 I attest to the accuracy and authenticity of this order/judgement