Punjab-Haryana High Court
Gurveen Kaur & Others vs Union Of India & Others on 11 September, 2013
Bench: Surya Kant, Surinder Gupta
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
CWP No. 16252 of 2011 (O&M)
Date of Decision : 11.09.2013
Gurveen Kaur & others
.......... Petitioners
Versus
Union of India & others
...... Respondents
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CORAM : HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE SURINDER GUPTA
Present : Mr. Karan Gupta, Advocate for
Mr. Rakesh Gupta, Advocate
for the petitioners.
Mr. C.S. Sharma, Advocate for
Ms. Anjali Kukkar, Advocate
for respondent No.1.
Mr. J.S. Puri, Addl. A.G., Punjab
for respondent No.4.
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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?
SURYA KANT, J. (Oral)
The real question that arises for consideration in this petition is as to how much land of the petitioners has been acquired for the construction of Northern Bypass on Patiala-
Sirhind Road?
While the petitioners assert that in addition to the Satyawan land measuring 11 Bigha, the respondents have also taken 2013.10.09 13:53 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CWP No. 16252 of 2011 2 possession of their land measuring 16 Bigha-16 Biswas, the respondent-authorities have come up with the plea that on re- demarcation the petitioners have been found to be in possession of the acquired land measuring more than 2 Bigha.
Though it is averred by the respondents that demarcation was carried out on two occasions including under the orders dated 02.09.2011 passed by this Court, however, it appears to us that those demarcation reports are liable to be ignored for the reason that the parties were not given adequate notice to be present and participate in the demarcation proceedings. Consequently, we direct the Collector, Patiala to constitute a team of three senior revenue officers, to be headed by an officer of the rank of District Revenue Officer or senior most Tehsildar, who shall carry out a fresh demarcation after advance notice to the petitioners and other persons who are likely to be affected by such demarcation. The subject area shall be duly photographed and videographed. The Committee of revenue officers shall decide the controversy by passing a speaking order after considering respective pleas of the parties. The appropriate decision shall be taken within a period of two months from the date of receipt of certified copy of this order. The Team shall be required to determine as to how much area of the petitioners and their predecessors was acquired and possession taken by the respondent-authorities. If still aggrieved the petitioners and/or Satyawan 2013.10.09 13:53 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CWP No. 16252 of 2011 3 the other aggrieved parties shall be at liberty to approach the Civil Court.
Disposed of.
(SURYA KANT) JUDGE (SURINDER GUPTA) JUDGE 11.09.2013 'Satyawan' Satyawan 2013.10.09 13:53 "I attested to the accuracy and integrity of this document"
High Court Chandigarh