Punjab-Haryana High Court
Smt. Paramjit Kaur vs The State Of Punjab And Another on 18 February, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
In the High Court of Punjab and Haryana, at Chandigarh
1. Civil Writ Petition No. 14558 of 1995
Smt. Paramjit Kaur
... Petitioner
Versus
The State of Punjab and Another
... Respondents
2. Civil Writ Petition No. 4841 of 1994 Rajinder Krishan Sharma and Others ... Petitioners Versus State of Punjab and Another ... Respondents
3. Civil Writ Petition No. 8200 of 1994 Suchpal Singh and Others ... Petitioners Versus The State of Punjab and Others ... Respondents
4. Civil Writ Petition No. 8211 of 1994 Smt. Jasbir Kaur ... Petitioner Versus The State of Punjab and Others ... Respondents AND
5. Civil Writ Petition No. 8230 of 1994 Manjit Singh ... Petitioner Versus The State of Punjab and Others ... Respondents Bhardwaj Deepak Kumar 2014.03.03 14:36 I attest to the accuracy and integrity of this document Civil Writ Petition No. 14558 of 1995 And 2 Other Connected Cases Date of Decision: 18.2.2014 CORAM: Hon'ble Mr. Justice Jasbir Singh.
Hon'ble Mr. Justice Harinder Singh Sidhu. Present: Mr. Malkeet Singh, Advocate for the petitioners (In CWP Nos. 14558 of 1995, 8200, 8211 & 8230 of 1994).
Mr. Kashmira Singh, Advocate for the petitioners (In CWP No. 4841 of 1994). Mr. Manoj Bajaj, Additional Advocate General, Punjab for the respondents.
Jasbir Singh, Judge (Oral) This order will dispose of five writ petitions viz. Civil Writ Petition Nos. 14558 of 1995 titled as "Smt. Paramjit Kaur v. The State of Punjab and Another", No. 4841 of 1994 titled as "Rajinder Krishan Sharma and Others v. State of Punjab and Another", No. 8200 of 1994 titled as "Suchpal Singh and Others v. The State of Punjab and Others", No. 8211 of 1994 titled as "Smt. Jasbir Kaur v. The State of Punjab and Others" and No. 8230 of 1994 titled as "Manjit Singh v. The State of Punjab and Others", as common questions of law and facts are involved therein. To dictate order, facts are being taken from Civil Writ Petition No. 14558 of 1995.
By filing this writ petition, the petitioner had laid challenge to notifications dated 7.5.1991 & 18.3.1992 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short "the Act") to acquire vast chunk of land situated in villages Dhandari Kalan, Mundian Kalan, Mundian Khurd, Bholapur, Mangali Nichi, Tehsil and District Ludhiana.
Notice of motion was issued in this writ petition and Bhardwaj Deepak Kumar 2014.03.03 14:36 I attest to the accuracy and integrity of this document Civil Writ Petition No. 14558 of 1995 And 3 Other Connected Cases dispossession of the petitioner was stayed. On 2.5.1996, this writ petition was ordered to be put up for disposal after decision of Civil Writ Petition No. 7200 of 1992. That writ petition impugning the notifications, which are under challenge in this writ petition, was allowed by this Court vide order dated 1.7.1996 and the Section 6 notification qua the land of the petitioners therein was quashed. This writ petition has been put up for hearing on the basis of office not mentioning above fact.
At the time of arguments, State counsel has failed to show as to how claim raised by the petitioner is not covered by the ratio of judgment rendered by this Court in Engineer Surat Singh and Another v. State of Punjab and Another (Civil Writ Petition No. 7200 of 1992, decided on 1.7.1996.
Under the circumstances, all these five writ petitions are allowed in terms of judgment rendered in Engineer Surat Singh's case (supra).
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge February 18, 2014 "DK"
Bhardwaj Deepak Kumar 2014.03.03 14:36 I attest to the accuracy and integrity of this document