Thursday, April 3, 2014

Balbir Singh and Ors. v. State of Haryana and Ors., CWP No. 6068 of 2014

Summary:
This petition has been filed by Balbir Singh and other petitioners on the matter of encroachment of a village pond in Karnal district. It has been filed due to the inaction of the concerned authorities on the matter despite an order being passed in the matter in 1990.

Referring to the Supreme Court judgment in the case of Jagpal Singh, the Hon'ble Judges called upon the state of Haryana to take action in accordance with law in respect of the encroachments and to inform the court as to what steps have been taken to implement the said judgment of the Supreme Court in the state. The Bench also fixed the date of April 11, 2014 for compliance.


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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


Civil Writ Petition No.6068 of 2014 (O&M) 
DATE OF DECISION: 31.03.2014

Balbir Singh and others          …..Petitioners 

versus 

State of Haryana and others       .....Respondents 


CORAM:- HON'BLE MR.JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE 
HON’BLE MR. JUSTICE ARUN PALLI 


Present: Mr. Ravinder Malik, Advocate for the petitioner 



SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral) 
Notice of motion. 

Mr. Ajay Gupta, Addl. Advocate General, Haryana accepts notice on behalf of respondents No.1 to 6. 

A complete set of paper-book be supplied to him during the course of the day. 

The grievance made in the present petition is qua encroachment on the village pond, phirni, etc. in respect of the shamlat land of village Chakda, Tehsil Nissing, District Karnal (Haryana) by villagers and Lambardar of the area, who are petitioners. The encroachment is alleged to be that of husband of the Sarpanch and it is stated that despite an order being passed as far back as 16.8.1990 under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to State of Haryana, at ground level, nothing has been done. Instructions are stated to have been issued by superior authorities, but to no effect and, thus, the present writ petition has been filed under Article 226 of the Constitution of India for issuance of appropriate writ, order or direction in public interest to the concerned authorities to take action qua the encroachments. 

A reference has been made to an earlier order passed by us in CWP No.3571 of 2014 on 25.2.2014 where we had relied upon the judgment of the Hon’ble Supreme Court in Jagpal Singh and others vs. State of Punjab and others, 2011 AIR (SC) 1123 and there is a mandate for the State Governments and Union Territories to take action for protection of the Gram Sabha/Gram Panchayat/ Poramboke/Shamlat land with a scheme for speedy eviction, more so as part of the area is village pond. 

We, thus, call upon the State of Haryana to take action in accordance with law qua the encroachments and inform the Court as to what steps have been taken to implement the said judgment of the Supreme Court in the State. 

The petition accordingly stands disposed of. 

List for compliance on 11.04.2014 when the respondents will file a compliance report at least three days prior to the next date. 

( SANJAY KISHAN KAUL ) 
CHIEF JUSTICE


( ARUN PALLI) 
JUDGE 


31.03.2014