Punjab-Haryana High Court
S. Hardeep Singh vs State Of Punjab And Others on 10 July, 2014
Author: Sanjay Kishan Kaul
Bench: Sanjay Kishan Kaul
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.13031 of 2014 (O&M)
DATE OF DECISION: 10.07.2014
S. Hardeep Singh
.....Petitioner
versus
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICE SANJAY KISHAN KAUL,CHIEF JUSTICE
HON'BLE MR. JUSTICE AJAY TEWARI
Present: Mr. H.S. Grewal, Advocate for the petitioner
..
SANJAY KISHAN KAUL, CHIEF JUSTICE (Oral):
The land of the SGPC was acquired under the Land Acquisition Act, 1894 in which SGPC acquiesced. The petitioner filed CWP No.14563 of 2013 seeking to assail the acquisition in terms of order dated 29.4.2014. It was held, and if we may say so rightly, that the petitioner would have no locus to assail the acquisition proceedings merely on the ground that he belongs to the Sikh community. The petition was, thus, dismissed as not maintainable. However, while doing so, a co-ordinate Bench observed that in view of the plea raised by learned counsel for the petitioner that larger issue of transparency in the internal affairs of SGPC including the manner in which the acquisition was consented to was required to be looked into, the petitioner was not precluded from invoking the public interest jurisdiction, if such a petition was otherwise maintainable. Chand Parkash 2014.07.11 13:50 I attest to the accuracy and integrity of this document
CWP-13031-2014 - 2 -
The present petition has been filed once again seeking to assail and quash the notifications under Sections 4 and 6 of the Land Acquisition Act. Thus, undoubtedly, a second petition on this account is not maintainable. The only aspect on which leave was granted in the earlier petition was, and that too, if such a petition is maintainable, that if issue of transparency qua any provision of the Sikh Gurdwara Act, 1925 was sought to be raised, the dismissal of that petition would not preclude the petitioner from doing so.
We, thus, find the present petition completely misconceived.
Dismissed.
( SANJAY KISHAN KAUL )
CHIEF JUSTICE
10.07.2014 ( AJAY TEWARI )
parkash* JUDGE
Chand Parkash
2014.07.11 13:50
I attest to the accuracy and
integrity of this document