Civil Writ Petition No.1748 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1748 of 2010 DATE OF DECISION: AUGUST 25, 2011 Jaswant Singh & others .....Petitioners VERSUS State of Punjab & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Vinay Saini, Advocate, for the petitioners. Mr. N.D.S. Mann, Addl. A.G., Punjab for the State. **** RANJIT SINGH, J. The petitioners have filed this writ petition seeking mandamus directing the respondents either to acquire the land of the petitioners or to pay compensation. To me, it appears that this prayer has been made in unjust and unreasonable manner. The reason for which the respondents had dug up this drain has been explained in the reply filed by the Sub Divisional Officer, Drainage Department, Gurdaspur. It is pointed out that this drain was dug up 25 years back by the Department and it passes through more than 5 villages. As per the reply, this drain was dug on a persistent demand made by villagers and of the adjoining villages as the land, which was lying in this area was in extremely mushy/slushy condition. To drain out the seepage of water as well as to drain out the rain water, the said drain was dug Civil Writ Petition No.1748 of 2010 -2- up 25 years back. The help rendered by the State is now being given a different shape to claim this compensation after lapse of 25 years. The petitioners had also filed civil suit before the Civil Judge, Gurdaspur, which they withdrew in the year 2008. Still, they filed an appeal against this order, which was also dismissed. As per the counsel for the petitioners, the civil suit filed was for injunction. Submission that now there is no need to check flow of the rain water etc. is not good ground to either close the drain or not to clean it or maintain it. The case of grant of compensation even if maintainable, cannot be considered under public law remedy. Such an issue apparently cannot be adjudicated in writ petition. The counsel for the petitioners could not make any satisfactory submission that writ Court can grant compensation for something which happened 25 years ago when the petitioners have kept quiet for so long. Still, if the petitioners feel aggrieved, they may approach any appropriate forum for grant of compensation, if they otherwise are entitled to it in accordance with law. The writ petition is, accordingly, disposed of. August 25, 2011 (RANJIT SINGH) monika JUDGE