IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.11875 of 2009
Date of Decision: 07.08.2009
Jai Singh and others
Petitioners
Versus
The State of Haryana and others
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr.Mahavir Sandhu, Advocate for the petitioners
.....
Jasbir Singh, J.(Oral)
Counsel for the petitioners states that river Yamuna passes
through the land of the petitioners. On account of its changing the course, it
left behind minerals in the shape of sand, pebbles (Kankar) etc. The
government is extracting those minerals, however, nothing has been paid to
the petitioners. To claim rights of the petitioners towards 10% amount, so
received by the government, reliance has been placed upon provisions of
Section 4 of the Haryana Minerals (Vesting of Rights) Act, 1973 (in short
the Act).
It appears that in the year 2008, the petitioners have made a
representation to the Chief Minister Haryana, which is pending undecided.
Be that as it may, in view of controversy involved in the present case,
liberty is granted to the petitioners, to file a detailed representation before
Secretary, Department of Mines and Geology, Haryana. They may do so
within three weeks from today. If it is found that the contention raised by
the petitioners, regarding extracting of mines and minerals is correct and
further that the land underneath belongs to the petitioners, then appropriate
Civil Writ Petition No.11875 of 2009 2
order be passed, taking note of the provisions Section 4 of the Act. An
opportunity of hearing be also provided to the petitioners before passing any
order. On receipt of representation, the same be decided within a period of
two months thereafter.
07.08.2009 (Jasbir Singh) gk Judge