Palwinder Singh & Ors. v. State of Punjab & Ors. [Order dated 25.02.2014]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 

Civil Writ Petition No.3571 of 2014 (O&M) 

DATE OF DECISION: 25.02.2014 

Palwinder Singh and others                                                                              .....Petitioners 

versus 

State of Punjab and others                                                                              .....Respondents 

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

                HON'BLE MR. JUSTICE ARUN PALLI 

Present: Mr. SPS Tinna, Advocate for the petitioners.

SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral) 

Notice of motion.

Mr. Harsimran S. Sethi, Addl. Advocate General, Punjab accepts notice on behalf of respondents No1. to 4.

The grievance made in the present petition is qua the encroachment on a village pond in Village Karampatti, Tehsil Malout, District Sri Muktsar Sahib which is stated to be carrying on. The Gram Panchayat is also stated to have passed a resolution (Annexure P-3) and forwarded the same to the concerned authorities, but to no avail.

We are, thus, of the view that the respondent-authorities need to have an urgent look into the matter in question keeping in mind the observations of the Hon'ble Supreme Court in Jagpal Singh and others vs. State of Punjab and others, 2011 AIR (SC) 1123 and representation of the petitioners (Annexure P-5) be decided within one month from the date of receipt of the order. Before parting with the order, we may note that there is, in fact, a mandate in Jagpal Singh and others vs. State of Punjab and others case (supra) in para-22 read along with para-16, which deals with village pond, for each of the State Governments and Union Territories to take action for protection of the Gram Sabha/Gram Panchayat/ Poramboke/Shamlat land and a scheme for speedy eviction is required to be provided. We are not aware as to what steps have been taken in pursuance to this direction.

We, thus, call upon the State of Punjab as well as State of Haryana (through Mr.RKS Brar, Additional Advocate General, Haryana, who is present in Court) to inform us by filing a status report at least three days before the next date as to what steps have been taken to implement the said judgment.

The petition accordingly stands disposed of. List for compliance on 11.04.2014.