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