Balinder Singh And ORS v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-22531-2022 Date of Decision: 28.09.2022 BALINDER SINGH AND OTHERS ...... Petitioner(s)

Versus

STATE OF HARYANA AND OTHERS ..... Respondent(s) CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Jagdish Manchanda, Advocate for the petitioners.

Mr. Raman Sharma, Addl. AG, Haryana.

**** LISA GILL, J.

Learned counsel for the petitioners submits that order dated 28.06.2021 (Annexure P-3), passed by the learned Assistant Collector Ist Grade and Deputy Commissioner (N), Gharaunda ordering ejectment of the petitioners, has been challenged by the petitioners by way of an appeal, which is pending before the competent authority. The appeal, it is stated is pending since October, 2021 and has not been decided but nonetheless efforts are being made to evict the petitioners from the land in question where they have constructed their residential houses on about 2 to 3 Marlas of land each since over the last 50 years. It is further submitted that petitioners have represented for purchase of the land in question.

They have also represented to the Gram Panchayat for transfer of land in their favor in terms of the Government policy with approval of the Government. It is submitted that petitioners have stated in their appeal as well that they are ready and willing to purchase the small area over which they have constructed their residential houses, if permitted and approved. SUNIL 2022.09.

CWP-22531-2022 -2Notice of motion to respondents no.1 to 4 at this stage. Mr. Raman Sharma, Addl. AG, Haryana, accepts notice on behalf of respondents no.1 to 4. In view of the nature of the order being passed it is not necessary to call for the reply/written statement of the respondents.

Keeping in view the facts and circumstances as above but without going into the merits of the controversy, the competent authority is directed to decide the appeal filed by the petitioners expeditiously and definitely within a period of three months from receipt of certified copy of this order, after affording due opportunity of hearing to all the concerned/affected parties. Status quo as on today be maintained till decision of the appeal.

Needless to say, petitioners are at liberty to approach the competent authority for transfer of the land in consonance with prevalent policy, if any. In case, such application is submitted by all the petitioners individually, along with the relevant policy and necessary attending documents within three weeks, same be considered by the competent authority expeditiously in accordance with law. Writ petition is accordingly disposed of.

(LISA GILL) JUDGE (HARSH BUNGER) 28.09.2022 JUDGE Sunil Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No SUNIL 2022.09.30 17:49 I attest to the accuracy and integrity of this document