IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.21965 of 2010 Date of decision: 9.12.2010 Shakti Dutt and another …..Petitioners versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Anil Kshetarpal, Advocate for the petitioners Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash order dated 18.10.2010, passed by respondent No.3. Record reveals that the order was passed on directions given by this Court on 2.8.2010 in CWP No.13541 of 2010. In that writ petition, it was case of the petitioners that to construct a drain for disposal of dirty water, their land has wrongly been taken in possession by respondent No.3 without acquiring the same. Taking note of a fact that representation of the petitioners was pending before respondent No.3, directions were issued to dispose of the same, which has now been rejected vide the impugned order. By making reference to the Jamabandis on record, it is contention of counsel for the petitioners that they are the owners of land which has been used by respondent No.3 to construct a drain and they are entitled to get compensation for utilization of said land. Civil Writ Petition No.21965 of 2010 After looking at the record and going through the impugned order, we are not convinced with the argument raised. It has come on record and before us the counsel has failed to disprove that the drain is in existence for the last more than two decades in the land in dispute. It has also come on record that the petitioners have carved out a colony before the year 1985. Probably, to drain out dirty water of that colony, this drain was left out at the site. The said colony was unauthorized colony and was regularized by the State Government in the year 1996. As per the Municipal Council, existence of the drain is shown in the Municipal record for the year 1985. It was so referred in the record, prepared in the year 1992. To say that the authorities have encroached upon land of the petitioners, reliance was placed upon a demarcation report dated 27.7.2010, in which it has been so stated. Be that as it may, we are convinced that the drain was left at the site by the petitioners to drain out dirty water of an unauthorized colony in the year 1985, which was subsequently regularized in the year 1996. In the revenue record, the land in dispute continued to be shown in the name of the petitioners. Now by showing their greed and taking benefit of those entries in the revenue record, this litigation has been started. No case is made out for interference. The writ petition is dismissed with costs of ` 10,000/-, to be deposited with the Secretary, Punjab and Haryana High Court Legal Services Committee within one month from today, failing which the Secretary shall be at liberty to initiate necessary execution proceedings. (Jasbir Singh) Judge 09.12.2010 (Augustine George Masih) 2 Civil Writ Petition No.21965 of 2010 gk Judge 3