VIJAY PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners, who are residents of village Chak Jawaharewala, Tehsil and District Muktsar, 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 'Chak Jawahare Wala Link Drain'. The petitioners' case appears to be that their land was utilized for construction of the above -mentioned drain in the year 1979 -1980 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 one of the petitioners (Vijay Pal Singh) is that the petitioners themselves volunteered and gave their land for construction of the link drain so as to avail better irrigational facilities.

(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 was to be accepted, to pay them compensation and make reference under Section 18 of the Land Acquisition Act, 1894.

(3.) SUFFICE it to observe that if the petitioners are held entitled to compensation and damages in accordance with law, the needful shall be done within a period of three months from the date of determination of the said question of fact, followed by the reference under Section 18 of the 1894 Act as well.