SIMRANPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners who are residents of village Deon Khera, Tehsil Malout, District Sri Muktsar Sahib seek a mandamus to direct the authorities to decide their representation and consequently pay them compensation along with damages in respect of their land utilized under Sukhchain Minor. The petitioners' case appears to be that at the time of construction of Sukhchain Minor, some portion of their land was unauthorisedly utilized but no compensation has been paid to them so far. On the other hand, the stand of the respondents, as is apparent from the plea taken by them in the civil suit filed by father of petitioner No. 1 is that the plaintiff sought exchange of land falling on the left side of the canal with that of the land owned by him on the right side.

(2.) SOMEWHAT similar question of fact arose for consideration before this Court in CWP No. 7627 of 2013 (Rupinder Singh vs. State of Punjab & Ors.) decided on 22.07.2013 where the land of the petitioners was utilized for construction of Peori Minor. The said writ petition was disposed of with a direction to the authorities to ascertain the correct facts and take an appropriate decision in accordance with law and if the claim of the writ -petitioners is accepted, to pay compensation and also make reference under Section 18 of the Land Acquisition Act, 1894.

(3.) SUFFICE it to observe that if pursuant to the above -mentioned fact -finding enquiry, the petitioners are found entitled to compensation and damages in accordance with law, the needful in this regard shall be done within two months from the date of determination of the question of fact. The fact -finding enquiry shall be concluded within a period of four months from the date of receipt of a certified copy of this order. If need be, reference under Section 18 of the 1894 Act shall also be made on the premise that the entitlement of the petitioners for compensation has been determined in accordance with the provisions of the repealed Act.