IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11629 of 2010 Date of decision: 8.12.2010 Dashrath …..Petitioner versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Rajeev Godara, Advocate for the petitioner Ms.Palika Monga, DAG Haryana Mr.Arun Walia, Advocate for HUDA Jasbir Singh, J. (Oral) This order will dispose of four writ petitions bearing CWP Nos.11629, 11630, 11723 and 11772 of 2010, involving similar questions of law and facts. For the purpose of dictating order, facts are being mentioned from CWP No.11629 of 2010. Admittedly, land of the petitioner is under occupation of the respondents. This writ petition was filed with the following relevant prayer:- “(i) Issuance of a writ in the nature of mandamus directing the respondents to acquire the land of the petitioner which is part of Khasra & Killa No.3//16, 17, 4//19, 20, Civil Writ Petition No.11629 of 2010 7//23, 24, 19//3, 4 of village Poharka, owned by the petitioner but used by the department by putting the sand/ earth and created 15’ to 20’ heap, (while constructing the minor on acquired land) without acquisition of the same, and to make payment of compensation of damages also with interest from the date when petitioner’s land was taken into illegal possession.” On 6.7.2010, this Court passed the following order:- “It is case of the petitioner that without acquiring his land, the same has forcibly been occupied by the authorities by putting heaps of earth on it when adjoining drain was carved out. To say so, reference has been made to the report made by the Patwari on 6.11.2006 (P5). Counsel further submits that despite making request no action has been taken either to acquire his land or to remove the earth. Notice of motion. On our asking Ms.Palika Monga, DAG Haryana accepts notice on behalf of the respondents. Counsel for the petitioner is directed to supply her five copies of the writ petition during course of the day. It is expected that if the land of the petitioner has not been acquired, the authority shall initiate action to remove the earth from his land forthwith. Report be submitted before the next date of hearing. Adjourned to 11.8.2010. 2 Civil Writ Petition No.11629 of 2010 A copy of the order be given dasti to the State counsel for necessary compliance under signature of Court Secretary of the Bench.” There was no compliance with the above said order. Then on 4.10.2010, an undertaking was given by Mr.C.R.Bhatia, SDO Irrigation Sub-Dvision Elleabad (Sirsa) through State counsel that the respondents shall comply with the order dated 6.7.2010 forthwith. The delay was caused due to unprecedented floods in the area. An assurance was given to this Court that the needful shall be done on or before 30.11.2010. Today, an affidavit has been filed in Court at the instance of Lalit Kumar, Executive Engineer, Ghaggar Water Services Division, Sirsa. Paragraph No.2 of the affidavit reads thus:- “That the tenders for removal of surplus earth of Poharkan Minor/ Poharkan Sub Minor have been called and the same have been allotted to M/s Sangwan Construction Company, Bhiwani on 16.11.2010 after adopting the procedure of the Department. The work of removal of earth on the spot are going on by the said Construction Company and more than 50% work have been completed on the spot. The work involved is in sandy area and the vehicles after loaded with the earth can not run freely. The said company is preparing the Rasta through fields for plying the vehicles time and again by putting the water on the Kacha fields and the earth is taken from the spot and the same is being put away by about 5 kilometer on the other canal bank. Due to the above said reasons the department could not get completed the work 3 Civil Writ Petition No.11629 of 2010 upto 8.12.2010. The work is very likely to be completed on the spot by 31.12.2010.” Mr.Lalit Kumar is present in Court, through the State counsel he assures this Court that the earth shall be removed from land of the petitioner positively, by 31.12.2010. As per contention of counsel for the petitioner, land was taken in possession by the State in the year 2005. Despite representations made, nothing was paid to the petitioner towards use and occupation of the land in question. In this writ petition, it is further prayer of the petitioner that the respondents be directed to pay reasonable amount to the petitioners towards use and occupation of that land. Taking note of the admitted facts on record, we direct the Collector Sirsa to determine amount of compensation due to the petitioners towards use and occupation of the land in question. To determine the amount, reference be made to the demarcation report put on record by the petitioner. Needful be done within two months from the date of receipt of a copy of this order. If the petitioner or the respondents are not satisfied with the order passed, they may avail the legal remedy as per law. The amount so determined shall be paid to the petitioner within a period of one month after passing of an order by the Collector. It is made clear that if the earth is not removed from the land of the petitioner, he be at liberty to get this writ petition revived with further liberty to initiate contempt proceedings against the officer mentioned above. This writ petition stands disposed of. (Jasbir Singh) Judge 08.12.2010 (Augustine George Masih) 4 Civil Writ Petition No.11629 of 2010 gk Judge 5