High Court Punjab-Haryana High Court

Parkash Chand vs State Of Punjab And Others on 2 April, 2009

Punjab-Haryana High Court
Parkash Chand vs State Of Punjab And Others on 2 April, 2009
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                            CHANDIGARH.

                                              C.W.P. No.9640 of 2002
                                             Date of decision: 2.4.2009

Parkash Chand.
                                                          -----Petitioner
                                  Vs.
State of Punjab and others.
                                                      -----Respondents

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR JUSTICE JITENDRA CHAUHAN

Present:-   None for the petitioner.

            Mr. Manohar Lall, Add.A.G., Punjab.

                  ----

ORDER:

1. Grievance in this petition is that land of the petitioner was

acquired in the year 1992, but no compensation was paid. The

notification had lapsed and a fresh notification was issued on

20.7.1998. That notification also lapsed and no award was made.

2. It is submitted that since land of the petitioner has been

taken, the petitioner is entitled to compensation.

3. In the reply filed by the Land Acquisition Collector, it is

stated that possession of the land of the petitioner has not been

taken by the Collector but by the Drainage Department and the

notification lapsed on account of non-approval of market rates by the

Administrative Secretary of the Drainage Department. A fresh
C.W.P. No.9640 of 2002

2

notification is in the process of being issued. The reply was filed on

4.10.2002 and more than six years have lapsed.

4. Learned counsel for the State says that the process is

still pending.

5. In view of above, we direct respondent No.1, the State of

Punjab, to forthwith take steps to do the needful so that

compensation is given for the land, possession of which has already

been taken. The process be completed within three months from the

date of receipt of a copy of this order.

6. The petition is disposed of.


                                       ( ADARSH KUMAR GOEL )
                                                JUDGE


April 02, 2009                             ( JITENDRA CHAUHAN )
ashwani                                             JUDGE