CWP No. 15038 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 15038 of 2009 Date of Decision 05.04.2010 Dalbara Singh and others ----Petitioners Versus Union of India and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: V.K. Sandhir, Advocate for the petitioners. Mr. Rajesh Garg, Advocate for respondent No. 1. Suvir Sehgal, Addl. AG, Punjab for respondent Nos. 2 & 3. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. The instant writ petition filed under Article 226 prays for issuance of a writ in the nature of mandamus directing the respondents to revert the land to the petitioners which was acquired vide Notification dated 23.05.1960 under Land Acquisition Act, (Annexure P1) issued by respondent No.3. The land of the petitioners was acquired for setting up brick kiln for construction of CWP No. 15038 of 2009 -2- Bhakra Main Branch in the erstwhile Pepsu Territory at Village Gorakhpur, Tehsil Mansa. It is admitted case of petitioners that the land free from all encumbrances vested in the State Government about 50 years ago. Confronted with the aforesaid legal hurdle, Mr. Sandhir, learned counsel for the petitioners has made a modified prayer that the land be given on lease to petitioners which has been kept vacant. Having heard learned counsel for the parties, we are of the considered view that the prayer could not be entertained. If the Government land is lying vacant without any use like agriculture operation then the courts cannot issue direction to the State to put the land to particular use. Before us no data has been produced showing that the land could be used for agriculture operation or there is any adverse impact on public interest. The writ petition is wholly ill-advised and dismissed. (M.M. KUMAR) JUDGE April 05, 2010 (JITENDRA CHAUHAN) Atul JUDGE