C.W.P. No. 19570 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 19570 of 2011 Date of decision: 12.12.2011 Dharamvir ........Petitioner Versus The State of Punjab and others ........Respondents CORAM:- HON'BLE MR. JUSTICE RANJAN GOGOI CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT Present: Mr. Vikas Bishnoi, Advocate, for the petitioner Mr. Sandeep Moudgil, D.A.G.Punjab for respondents No. 1 to 3. RANJAN GOGOI, CJ. : (Oral) This Public Interest Litigation has been filed seeking directions from the court for payment of compensation to the farmers of the villages named in the writ petition and adjoining areas for the damage caused due to discharge of excess water from Lambi area of District Sri Muktsar Sahib. According to the petitioner such excessive discharge of water was intentional and done to save the residents of Lambi which is in the Chief Minister's constituency. In the process, loss/damage has been caused to the farmers of the villages named in the writ petition. The petitioner has filed a representation dated 13.9.2011 which has been addressed, interalia, to the Deputy Commissioner, Ferozepur and S.D.O.(Civil), Abohar but no action has been taken thereon leaving the petitioner with no option but to move this court by way of present Public Interest Litigation. C.W.P. No. 19570 of 2011 2 What were the circumstances in which release of excess water took place; what is extent of damage, if any, that has been caused; and what is the loss that has been suffered by each individual concerned are questions of fact that should be decided by the appropriate authority and not by the writ court and that too in the exercise of the Public Interest Litigation jurisdiction. Resolution of such matters on the basis of the “affidavit evidence” is not always a sound basis for grant of compensation. We are, therefore, of the view that in the present case relief to the writ petitioner should be declined at this stage and instead the Deputy Commissioner, Ferozepur and the S.D.O.(Civil)Abohar should be presented a fresh copy of the representation dated 13.9.2011 ostensibly submitted on behalf of the villagers. The same will be decided by said authorities within a period of four weeks from date of the receipt of such copy. The petitioner, undoubtedly, will be at liberty to approach this court once again in case he continues to feel aggrieved by such orders that may be passed by the Deputy Commissioner and S.D.O.(Civil) concerned. This will dispose of the writ petition. (RANJAN GOGOI) CHIEF JUSTICE (SURYA KANT) JUDGE December 12, 2011 RSK C.W.P. No. 19570 of 2011 3 NOTE: Whether to be referred to the Reporter or not? _____