Civil Writ Petitio No. 5473 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petitio No. 5473 of 2011 Date of decision:20th May, 2011 Kala Singh and others .......Petitioners Versus State of Punjab and others ........Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Chanchal K.Singla, Advocate for the petitioners. Mr. Manohar Lall, Addl. Advocate General, Punjab for the respondent State. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No Jasbir Singh, J.(Oral) By filing this writ petition, the petitioners have claimed the following relief:- “i) for the issuance of a writ in the nature of mandamus, directing the respondents to release the amount of compensation due towards the petitioners on account of acquisition of the land of the petitioners under Section 4 and 17 for straightening of creak of Tangri Nani Opposite and between RD 33,000-34,500/- and RD 48,000- Civil Writ Petitio No. 5473 of 2011 2 49,000/- on left Tangri bundh to save C/Land of village Adalatiwala and Alipur Wazirshaib in Tehsil and District Patiala. ii) for directing the respondents to pay the interest @ 18% on account of non-payment of compensation till date.” On 4.04.2011, following order was passed by this Court:- “It is specific contention of counsel for the petitioners that to straighten Tangri river in between RD 33000-34500 and RD 48000-49000 on the left side, land of the petitioners was used for which a notification was issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (in short, the Act), however, subsequent thereto despite having utilized the land for the above said purpose, compensation has not been paid to the petitioners. From the documents on record, we are not satisfied with the contention raised, however, upon insistence of the petitioners' counsel, notice of motion is issued to verify the facts. It is made clear that if contention raised is count incorrect, the petitioners will be burdened with heavy costs. On our asking Mr. Manohar Lall, Addl.A.G.Punjab accepts notice on behalf of the Civil Writ Petitio No. 5473 of 2011 3 respondents. Counsel for the petitioners is directed to supply four copies of the writ petition to him during course of the day. State counsel is directed to file reply before the next date of hearing. Adjourned to 21.4.2011.” An affidavit of Balbir Kumar Gupta, Sub Divisional Officer, Tangri Drainage Sub Division, Patiala, on behalf of respondent Nos. 1 to 4 has been filed today in Court and the same is taken on record, wherein it is specifically stated that the land of the petitioners has not been acquired till date. It is further stated that regarding acquisition of the land in question the process is going on and the land is likely to be acquired as per law in the near future. If that is so, no relief can be granted to the petitioners at this stage. This petition is accordingly, disposed of. [JASBIR SINGH] JUDGE [RAKESH KUMAR GARG] JUDGE 20th May, 2011 Shivani Kaushik