High CourtsDivision Bench(2013) 07 P&H CK 0592

Jangir Singh and Others vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 10 July 2013

HON’BLE JUDGES
Surya Kant, J · Surinder Gupta, J
CASE NUMBER
Civil Writ Petition No. 15153 of 2012

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Judgment

3 paragraphs · 219 words

Surya Kant, J.—The grievance of the petitioners in this writ petition is essentially against utilization of their land for construction of Mamdot Distributory without acquiring the same on payment of compensation in accordance with the provisions of Land Acquisition Act, 1894. The respondents have filed their reply-affidavit admitting that a part of the petitioners'' land was utilized for construction of Mamdot Distributory. Since there was a dispute regarding the actual area of the land of the petitioners utilized for construction of the Distributory, measurements were carried out and as per the demarcation report, the respondents maintain that land of the land of the petitioners measuring 2 kanals 1 marls has been utilized for the said construction. They have further candidly stated that acquisition process of the said land has been initiated.

2.

Consequently, we dispose of this writ petition with liberty to the respondents to invoke Sections 4, 6 and 17 of the Land Acquisition Act and finalize the acquisition process in accordance with law within a period of four months from the date of receiving a certified copy of this order. The amount of compensation shall be released to the petitioners within a period of one month thereafter without prejudice to their rights to seek reference u/s 18 of the Land Acquisition Act, 1894.

3.

Ordered accordingly. Dasti.