Ashok Kumar And Others v. State Of Punjab And Others
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1.
CWP No. 37449-2019 (O&M) Ashok Kumar and ors.
...Applicant/Petitioners Vs.
State of Punjab and ors.
...Respondents
2.
CWP No. 37245-2019 Bhupinder Singh ...Applicant/Petitioner Vs.
State of Punjab and ors.
...Respondents
3.
CWP No. 37248-2019 Market Committee Sohana, Mandi ...Applicant/Petitioner Vs.
State of Punjab and ors.
...Respondents
Date of decision 29.11.2021 CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA
Present:
Mr. Mohit Jaggi, Advocate, for the applicant/petitioners. *** Ritu Bahri, J. (Oral) C.M. No. 16344-2021 in CWP No. 37449-2019 C.M. No. 16392-2021 in CWP No. 37245-2019 & C.M. No. 16343-2021 in CWP No. 37248-2019 The present applications are for preponing the date of hearing of the main case.
Notice of the application.
Mr. Nishant Maini, Advocate and Ms. Anu Pal, D.A.G. Punjab, accepts notice on behalf of respondent Nos. 2 and 3 and respondent-State
-2respectively and have not disputed the fact that the petitioners are similar situated persons, who filed CWP No. 19303-2021, which was disposed of vide order dated 24.09.2021 (A-1).
In view of the grounds mentioned in the applications, the applications are allowed and the main cases are taken on today's board. CWP No. 37449-2019, CWP No. 37245-2019 & CWP No. 37248-2019 This order shall dispose of the above three writ petitions as common question of facts are involved in the above petitions wherein petitioners have filed the petitions under Articles 226/227 of the Constitution of India seeking direction to the respondents to consider their case under Land Pooling Scheme framed by the respondents, as done in the case of co-owners/similarly situated persons. For facility of reference, the facts are being taken from CWP No. 37449-2019.
Brief facts of the case are that the land in question has been acquired by the State of Punjab for setting up residential urban estate in the area of Village Sohana, Hadbast No. 35, Tehsil and District Mohali. The land has been acquired for extension of urban estate of S.A.S Nagar, Mohali. The total area is measuring 206 kanals 06 marlas, which has been acquired vide notifications. But, out of the said area, the land measuring 35 kanals 11 marlas has been acquired from the ownership of the petitioner and other occupants of Grain Market.
It is not in dispute that in similar circumstances, this Court in CWP No. 19303-2021 gave directions to the respondents to consider the claim of the petitioner on the basis of option, already submitted under the
-3Land Pooling Scheme.
Learned counsel for the applicant-petitioner states that in CWP No. 19303-2021, the same acquisition was under challenge. Learned counsel for the respondents has not disputed the above said facts.
In view of the above, the present petitions are disposed of in the same terms as in CWP No. 19303-2021 titled as Suresh Kumar and others vs. State of Punjab and ors, decided on 24.09.2021 (A-1). (RITU BAHRI) JUDGE 29.11.2021 (MEENAKSHI I. MEHTA) G Arora JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No