IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.770 of 2010 Date of decision: 22.7.2010 Krishan and others …..Petitioners versus Union of India and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Ram Pal Verma, Advocate for the petitioners Mr.Ajay Kaushik, Advocate for respondent No.1 Mr.S.S.Patter, Sr.DAG Haryana for respondent Nos.2 and 3 Jasbir Singh, J. (Oral) CM No.9405 of 2010 Application allowed, written statement is taken on record. Civil Writ Petition No.770 of 2010 The petitioners are owners of land the bearing khasra No.85//8 (8-0), 9/1 (3-18), 3203/3987, 85//13/1 (4-5) and khasra No.3676/3348 situated in revenue estate Jhajjar. In the site plan Annexure P2, entire land owned by the petitioners is shown in green colour marked as LKM and HGFDE. It is clear from the site plan that to approach the main road, the petitioners had an access only through orange/ red colour shown as BCDE. With a view to construct a railway gate at point A to B, the authorities are going to block the only passage leading to the land of the petitioners. When notice of motion was issued, above said contention was noticed by this Court. In reply filed, not a word has been said as to whether Civil Writ Petition No.770 of 2010 any other passage to the land of the petitioners is available or not. A vague reply has been filed without controverting the averments made by the petitioners in their writ petition. We feel that if access is not provided to the petitioners from point E to D (measuring atleast 2 karams in width), it will not be possible for them to use their vast track of land shown with green colour in the site plan. Under these circumstances, we are convinced that the requisite relief, as prayed, needs to be granted to the petitioners. In view of above, we dispose of this writ petition by issuing directions to respondent No.2 to look into the grievance raised by the petitioners and if there exists no access to the land of the petitioners, as alleged in this writ petition, 2 karams wide passage from point E to D shall be provided to them. If to the contrary, a firm finding be recorded by the officer that the petitioners have an excess. Needful be done within three weeks from the date of receipt of a copy of this order. The petitioners shall return compensation to the authorities for the land to be provided for the passage, at the rate at which compensation was paid to them, for the land, which was earlier acquired. (Jasbir Singh) Judge 22.07.2010 (Augustine George Masih) gk Judge 2