JAGJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of mandamus directing the respondents to undertake the fencing of the border within 150 meters from the Line of Control. The petitioners, who claim to be residents of the border area, have alleged that the fencing of the border has been commenced beyond 150 meters which has affected the land of the petitioners.

(2.) THE petition has been opposed by the respondents, who have contended that it is a decision taken at the level of Ministry of Home Affairs and in consultation with the officials of the Border Security Force and that respondents No.5 and 6 are merely executing agencies who have given effect to such decision. THE said authorities have not been impleaded as party respondents and, therefore, no relief can be granted to the petitioners in the absence of any challenge to the decision of the authorities.

(3.) HOWEVER, the petitioners shall be at liberty to raise the issue of compensation with the respondents who shall consider the same in accordance with law in the eventuality of some land of the petitioners being consumed.