High Court Punjab-Haryana High Court

Balwant Singh And Others vs State Of Punjab And Others on 23 December, 2008

Punjab-Haryana High Court
Balwant Singh And Others vs State Of Punjab And Others on 23 December, 2008
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                             CHANDIGARH

                     C.W.P. No. 21574 of 2008

             DATE OF DECISION: December 23, 2008

Balwant Singh and others

                                                        ...Petitioners

                               Versus

State of Punjab and others

                                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

            HON'BLE MR. JUSTICE K. KANNAN

Present:    Mr. Naresh Kaushal, Advocate,
            for the petitioners.

1.    Whether Reporters of local papers may be
      allowed to see the judgment?

2.    To be referred to the Reporters or not?

3.    Whether the judgment should be reported in
      the Digest?


M.M. KUMAR, J.

The application of the petitioners for re-determination of

compensation under Section 28-A of the Land Acquisition Act, 1894

(for brevity, ‘the Act’) is pending which was filed on 22.11.2004

(P-2) before the Land Acquisition Collector-cum-Sub Divisional

Magistrate, Anandpur Sahib-respondent No. 2 but the same was

forwarded to the Land Acquisition Collector, Urban Estates, Punjab,

SAS Nagar, Mohali-respondent No. 3 as the record pertaining to the

acquisition has been transferred to that office. The prayer made by
C.W.P. No. 21574 of 2008 2

the petitioners is that their application be decided by respondent No. 3

as more than four years have gone by.

Notice of the petition to Advocate General, Punjab.

Mr. Suvir Sehgal, Additional Advocate General, Punjab,

who is present in the Court accepts notice on behalf of the

respondents. Four copies of the paper book shall be handed over to

him by the learned counsel for the petitioners during the course of the

day.

After hearing learned counsel and taking into account the

nature of the controversy, we are of the view that no detailed reply by

the respondents would be necessary to dispose of the issue raised.

The application under Section 28-A of the Act is stated to have been

filed on 22.11.2004 (P-2), which was diarised at Sr. No. 2480, dated

22.11.2004 in the office of respondent No. 2 and at Diary No. 3565,

dated 23.11.2004 in the office of respondent No. 3.

In view of the above, we dispose of the writ petition with

a direction to respondent No. 3 to take cognisance of the application

dated 22.11.2004 (P-2) and decide the same in accordance with law

within a period of two months from the date of receipt of a certified

copy of this order.

The writ petition stands disposed of in the above terms.




                                              (M.M. KUMAR)
                                                 JUDGE



                                               (K. KANNAN)
December 23, 2008                                 JUDGE
Pkapoor