High Court Punjab-Haryana High Court

Gurdial Chand vs State Of Punjab And Others on 4 November, 2008

Punjab-Haryana High Court
Gurdial Chand vs State Of Punjab And Others on 4 November, 2008
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                             CHANDIGARH

                      C.W.P. No. 18836 of 2008

              DATE OF DECISION: November 4, 2008

Gurdial Chand

                                                         ...Petitioner

                                 Versus

State of Punjab and others

                                                      ...Respondents

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

             HON'BLE MR. JUSTICE JORA SINGH

Present:     Mr. Vinod Khunger, Advocate,
             for the petitioner.

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.

This petition filed under Article 226 of the Constitution

prays for issuance of a writ in the nature of mandamus directing the

respondents to pay compensation in respect of the acquired land

otherwise to release the land.

The predecessor-in-interest of the petitioner was owner

of land measuring 20 Kanals 5 Marlas, comprising in Khasra No. 61

(20-5), situated in the area of village Moranwala, Tehsil Jalalabad,
C.W.P. No. 18836 of 2008 2

District Ferozepur. It is claimed that possession of the

aforementioned land was taken by the Canal Department for

construction of a drain, however, no compensation has been paid. On

17.10.2007, the petitioner sent a legal notice to the respondents

claiming compensation in respect of the land as well as trees which

were standing there. However, no reply is stated to have been

received.

Without going into the merits of the case, we deem it just

and appropriate to direct the respondents to take cognizance of the

legal notice, dated 17.10.2007 (P-3) sent by the petitioner and decide

the same expeditiously preferably within a period of two months from

the date of receipt of a certified copy of this order. If the claim of the

petitioner is found to be meritorious and decided in his favour then

the benefit accruing to him shall be disbursed within four weeks

thereafter. It shall be appreciated if a speaking order is passed.

Petition stands disposed of in the above terms.




                                               (M.M. KUMAR)
                                                  JUDGE



                                                (JORA SINGH)
November 4, 2008                                        JUDGE
Pkapoor