CIVIL APPEAL 4649 of 2006 on 26 September 2007

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH

CWP No.4649 of 2006

Date of decision:16.07.2010

Balbir Singh

...... Petitioner

VERSUS

State of Punjab through Secretary Irrigation & Drainage Punjab Civil Secretariat, Chandigarh and others

......Respondents

CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA.

Present: Mr.Gaurav Chopra, Advocate for the petitioner.

Mr.C.S.Brar, DAG, Punjab for the respondents.

*****

RAJIVE BHALLA.J (Oral)

After addressing arguments for some time, counsel for thepetitioner, states on instructions from the petitioner's son Harvinder Singh,that the petitioner shall hand over, possession of the land in dispute, to theAssistant Executive Engineer, Faridkot Water Drainage ConstructionDivision, Faridkot, within 15 days. It is however prayed that as theabandoned drain passes through the petitioner's land and cannot be used byany other person, the Sub Divisional Magistrate, may be directed to re-consider the petitioner's prayer for purchase of this land in accordance withthe policy dated 26.09.2007 (Annexure P-15), framed by the State ofPunjab.

In view of the statement made by counsel for the petitioner, thepetitioner is directed to hand over possession of the land in dispute toMr.Kuljeet Singh, Assistant Executive Engineer, Faridkot Water DrainageConstruction Division, Faridkot, within 15 days.

In case, the petitioner hands over possession in accordance with his statement, the Sub Divisional Magistrate, Faridkot, shall reconsider thepetitioner's application for purchase of this land in accordance with thepolicy dated 26.09.2007 (Annexure P-15), framed by the State of Punjab,within three months.

It is, however, made clear that this order shall not be construed tobe an expression of any opinion either in favour of or against the rights ofthe parties. The Sub Divisional Magistrate, shall be competent to considerwhether the petitioner's claim falls within the framework of policies framedby the State of Punjab that may be in force, within three months fromreceipt of a certified copy of this order.

Disposed of accordingly.

16.07.2010shamsher

[RAJIVE BHALLA]JUDGE