Punjab-Haryana High Court
Lalit Mohan Goyal And Others vs State Of Punjab And Others on 27 April, 2012
Bench: Hemant Gupta, A.N. Jindal
Civil Writ Petition No. 17207 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 17207 of 2011 (O&M)
Date of decision:- 27.04.2012
Lalit Mohan Goyal and others
....Petitioners
Vs.
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. R.D. Bawa, Advocate,
for the petitioners.
Mr. Sandeep Moudgil, DAG, Punjab,
for respondent Nos. 1 and 4.
Mr. A.D.S. Sukhija, Advocate,
for respondent Nos. 2 and 3.
HEMANT GUPTA, J. (Oral)
The grievance of the petitioners is that after acquisition of their land, the petitioners were provided passage, but recently such passage has been blocked by the respondents by installing a water tap. On the other hand, respondents have relied upon a site plan (Annexure R-2/1) to contend that 11 feet wide passage is available for the petitioners.
The alternative prayer of the petitioners is that the remaining land of the petitioners, which has been rendered inaccessible, should be acquired.
We find that disputed question of fact is involved in the present case. The petitioners have a right to seek passage on proof of the fact that they have no passage left after acquisition.
Therefore, this petition is disposed of with liberty to the Civil Writ Petition No. 17207 of 2011 (O&M) 2 petitioners to avail alternative remedy, as is available to the petitioners. The alternative relief cannot be granted as no direction can be issued for acquiring land of the petitioners. However, if no passage is available, then the competent Court can grant relief of passage to the petitioners.
The present petition is disposed of accordingly.
(HEMANT GUPTA)
JUDGE
(A.N. JINDAL)
April 27, 2012 JUDGE
ajp