Krishan Lal & Ors. v. State of Haryana & Ors. [Order dated 24.02.2014]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 

Civil Writ Petition No.3391 of 2014 (O&M) 

DATE OF DECISION: 24.02.2014 

Krishan Lal 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. Vinod Bhardwaj, Advocate for the petitioners.

SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral) 

The grievance made by the petitioners, who are residents of Village Karora, Tehsil Pundri, District Kaithal, is that a village pond in their village has been permitted to be encroached upon by the private respondents and despite ejectment order being passed on 30.3.2012 in the proceedings initiated under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to State of Haryana), no action has been taken. It has been averred that no appeal against this order has been filed by the private respondents.

The petitioners made a representation to the Tehsildar concerned on 2.1.2014 (Annexure P-3), but still there is no action.

Learned counsel for the petitioners submits that the Supreme Court in Jagpal Singh and others vs. State of Punjab and others, 2011 AIR (SC) 1123 has settled the law that no regularisation can take place of unauthorised occupation of village ponds and, in this  behalf, has drawn our attention to para-13 onwards making it abundantly clear that the land recorded as a village pond should not be permitted to be occupied by anyone else for other purposes.

In view of the averments contained in the petition, we are of the view that the respondents No.2 to 6 will bestow consideration on the matter and verify the current position. Action in accordance with law will be taken and the representation of the petitioners dated 2.1.2014 will be disposed of within a maximum period of two months from today by a speaking order, to be duly communicated to the petitioners.

Mr. Ravi Dutt Sharma, DAG, Haryana, who is present in Court, has been apprised of the order. A complete set of paper-book be supplied to him during the course of the day.

The petition accordingly stands disposed of. Copy of order be given dasti under signatures of Bench Secretary to learned counsel for the parties. 

(SANJAY KISHAN KAUL) 

CHIEF JUSTICE

 

 24.02.2014                                                                                                    ( ARUN PALLI)

 JUDGE