IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 700 OF 2009 DECIDED ON : 27.01.2009 Ghagar Pirat Kisan Committee and others ...Petitioners versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. S. S. Behl, Advocate, for the petitioners. SURYA KANT, J. (ORAL) The petitioners are agriculturists of villages Makror Sahib, Mandvi, Shahpur, Andana, Nawan Gaon, Banarsi, Khannauri Kalan, Tehsil Moonak, District Sangrur. A part of their agricultural lands has been acquired vide notification dated 20.11.2006 (published on 04.12.2006) for the construction of embankment on the river Ghagar . The award has also been announced on 12.04.2008. The petitioners' grievance is two fold. Firstly, they submit that they have sown wheat crop, as is depicted in the photographs placed on record. It is their contention that the construction of embankment on river Ghagar would not be affected if the construction work on their lands is delayed for two months or so, to enable them to harvest the crop. C.W.P NO. 700 OF 2009 -2- The petitioners' second contention is that their respective Gram Panchayats have passed resolutions that they have no objection for allotment of alternative land to the petitioners out of Shamlat Deh of their respective villages. On this premise, petitioners seek a mandamus for allotment of alternative land in lieu of their acquire land. In this regard, the petitioners are stated to have represented various authorities vide representations Annexures P-5 to Annexures P-43. Notice of motion. Mr. G. S. Attariwala, learned Additional AG, Punjab, accepts notice on behalf of the respondents. In view of the nature of the order which I propose to pass, learned State counsel submits that there is no necessity to file any counter affidavit. Having heard learned counsel for the parties at some length and on perusal of the material on record, I deem it appropriate to dispose of this writ petition at this stage with a direction to respondents No.2 and 3 to take cognizance of the representations made by the petitioners as early as possible but not later than one month from the date of receipt of copy of this order. The respondents, in specific, shall consider as to whether or not the petitioners can be permitted to harvest their wheat crop without hampering the construction of the project. If the completion of the project is not affected then only the petitioners may be permitted to harvest their standing crops as destroying the standing crops would serve none's purpose. C.W.P NO. 700 OF 2009 -3- So far as the allotment of alternative land is concerned, I am of the considered view that no such direction can be given by the High Court as it being a matter of policy, exclusively falls within the domain of the Executive. However, respondents No.1 and 2 may consider the resolutions stated to have been passed by the Gram Panchayats and take appropriate decision in this regard. With these directions and observations, the writ petition is disposed of. JANUARY 27, 2009 (SURYA KANT) shalini JUDGE