Umed Singh and Others Vs. State of Haryana and Others

Umed Singh and Others vs State of Haryana and Others

Type Court Judgment Court Punjab and Haryana Decided Mar 24, 2014

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https://sooperkanoon.com/case/1135651

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Citation: sooperkanoon.com/1135651
Court: Punjab and Haryana High Court
Decided On: Mar 24, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Umed Singh and Others

Respondent

State of Haryana and Others

Excerpt

.....is assailing the order dated 18.6.2013 passed by the respondents predicated on the ground that the objections raised by the petitioners qua remodelling of the petwar distributory have not been dealt with despite a follow up legal notice to the said order. we have perused the said order. we are reproducing here- in-below the relevant portion of the order, which deals with the plea (contrary to what is alleged by the petitioner).“vide application dated 16.04.2013, the panchayat have requested that the water be given to op jindal distributory due to which there will be saving of government of rs.100 crores. there is no need for remodelling of petward distributory siwani nor for the siwani to 9140 l for the channel which has been carved out which comes to op jindal head which length falls 11713 rd and there is also no need for the same. ex-en water supply hansi has informed this office vide their office letter no.2629-30 1/w/op jindal dated 17.05.2013 that on 19.04.2013 a meeting has been held at kaithal with ce/vws hid panchkula for connecting petwar distributory to op jindal nalwa in which it has been decided that the executive officer water service division hansi will not comments upon the proceedings being done chand parkash 2014.03.24 18:15 i attest to the accuracy and integrity of this document cwp-5102-2014 -2- by the sub-divisional officer (ad) hansi in compliance of the orders of hon’ble high court and regarding this a copy of letter no.1409 dated 19.04.2013 is attached with this and it has also been informed that op jindal new distributory has already been approved from bhakra system and for changing it to yamuna from bhakra, any statement upon this proposal can be given by the government only. keeping in view the above said circumstances the sanction has already been approved from government for providing bhakra feeder channel to op jindal distributory and the decision can only be taken by the government regarding providing water to the op jindal.....

Full Judgment

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5102 of 2014 (O&M) DATE OF DECISION: 24.03.2014 Umed 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.Shalender Mohan, Advocate for the petitioners .SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral) The prayer made in this petition is assailing the order dated 18.6.2013 passed by the respondents predicated on the ground that the objections raised by the petitioners qua remodelling of the Petwar Distributory have not been dealt with despite a follow up legal notice to the said order.

We have perused the said order.

We are reproducing here- in-below the relevant portion of the order, which deals with the plea (contrary to what is alleged by the petitioner).“Vide application dated 16.04.2013, the Panchayat have requested that the water be given to OP Jindal distributory due to which there will be saving of Government of Rs.100 Crores.

There is no need for remodelling of Petward Distributory Siwani nor for the Siwani to 9140 L for the channel which has been carved out which comes to OP Jindal head which length falls 11713 RD and there is also no need for the same.

Ex-en water supply Hansi has informed this office vide their office letter no.2629-30 1/W/OP Jindal dated 17.05.2013 that on 19.04.2013 a meeting has been held at Kaithal with CE/VWS HID Panchkula for connecting Petwar Distributory to OP Jindal Nalwa in which it has been decided that the executive Officer water service division Hansi will not comments upon the proceedings being done Chand Parkash 2014.03.24 18:15 I attest to the accuracy and integrity of this document CWP-5102-2014 -2- by the sub-divisional officer (AD) Hansi in compliance of the orders of Hon’ble High court and regarding this a copy of letter no.1409 dated 19.04.2013 is attached with this and it has also been informed that OP Jindal new distributory has already been approved from Bhakra System and for changing it to Yamuna from Bhakra, any statement upon this proposal can be given by the Government only.

Keeping in view the above said circumstances the sanction has already been approved from Government for providing Bhakra feeder channel to OP Jindal distributory and the decision can only be taken by the Government regarding providing water to the OP Jindal distributory from Petwar distributory.

This is presented in your services for information and further necessary action.”

A reading of the aforesaid makes it quite abundantly clear that what has been approved is for the Government to provide from Bhakra Distributory Channal to OP Jindal Distributory and not from Petwar Distributory to OP Jindal Distributory with which the petitioners are aggrieved.

We are, thus, of the view that it is a litigation only for the sake of it.

Dismissed.

( SANJAY KISHAN KAUL ) CHIEF JUSTICE2403.2014 ( ARUN PALLI) parkash* JUDGE Chand Parkash 2014.03.24 18:15 I attest to the accuracy and integrity of this document

Same Court & Year Punjab and Haryana · 2014 Same Parties Umed Singh and Others vs State of Haryana and Others Same Subject Land Acquisition