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2025 DAILYLAW 5526 (PNJ)

SWARAN SINGH AND ORS v. STATE OF PUNJAB AND ORS

CWP/34528/2025 · 2026-02-05

Deepak Sibal, Lapita Banerji

body2025

Judgment text

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CWP-34528 of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Swarn Singh and others State of Punjab and others CORAM : HON’BLE MR. JUSTICE HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Mohit Jaggi, Advocate, for the petitioner Mr. Kuljit Singh, Additional A.G., Punjab. Ms. Karina Kalra, Advocate for Ms. Avin Sandhu, Advocate, for respondent No.2 DEEPAK SIBAL Through acquisition of their land and 23.01.2004 and 18 the Land Acquisition Act, 1894 after an inordinate affidavit explaining therein 2. In response to the afore directions give petitioners have which reads as under “3. petitioners co civil writ petition No.17658 of 2006 before this Hon’ble Court, which was dismissed by this Hon’ble Court vide order dated 18.10.2023 (Annexure P 34528 of 2025 (O&M) Sr. No.116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-34528 of 2025 Date of Decision : Swarn Singh and others Versus State of Punjab and others HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Mohit Jaggi, Advocate, or the petitioners. Mr. Kuljit Singh, Additional A.G., Punjab. Ms. Karina Kalra, Advocate for Ms. Avin Sandhu, Advocate, or respondent No.2-GMADA. *** DEEPAK SIBAL, J. (Oral) Through this petition, the petitioners acquisition of their land and have challenged 4 and 18.01.2005, issued under Sections 4 and 6 the Land Acquisition Act, 1894. Since the present petition had inordinate delay of 21 years, the petitioners affidavit explaining therein such inordinate delay. In response to the afore directions give s have filed an affidavit dated 03.02.2026 as under:- “3. That it is respectfully submitted that all the petitioners are co-sharers in the land in question. The other co-sharers who are their family members have already filed civil writ petition No.17658 of 2006 before this Hon’ble Court, which was dismissed by this Hon’ble Court vide order dated 18.10.2023 (Annexure P-7). However, now the other co IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 34528 of 2025 (O&M) Date of Decision : 05.02.2026 …Petitioners …Respondents DEEPAK SIBAL HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Kuljit Singh, Additional A.G., Punjab. this petition, the petitioners are aggrieved by challenged the Notifications dated issued under Sections 4 and 6 respectively of ince the present petition had been filed the petitioners were directed to file an such inordinate delay. In response to the afore directions given by this Court, the filed an affidavit dated 03.02.2026, the relevant portion of That it is respectfully submitted that all the sharers in the land in question. The other sharers who are their family members have already filed civil writ petition No.17658 of 2006 before this Hon’ble Court, which was dismissed by this Hon’ble Court vide order dated ). However, now the other co- VANDANA 2026.02.10 17:59 I attest to the accuracy and integrity of this document CWP-34528 of 2025 sharers, who are family members of the petitioners, have preferred special leave petition bearing Special Leave Petition (Civil) Diary No.50524 of 2023, subsequently converted to SLP (civil) No.581 the Hon’ble Supreme Court of India. It would be relevant to mention here that petitioners in CWP No.17658 of 2006, which stood dismissed and now Special Leave Petition is pending before the Hon’ble Su 3. A perusal of the above behalf of the petitioners does not delay of 21 years 4. In view of the above, we the ground of delay and laches especially when the petitioners and the co unsuccessfully year 2006 has 5. Dismissed. 6. Pending application(s), if any, shall also stand disposed of. February 05, 2026 vandana Whether speaking/reasoned : Whether reportable 34528 of 2025 (O&M) sharers, who are family members of the petitioners, have preferred special leave petition bearing Special Leave Petition (Civil) Diary No.50524 of 2023, subsequently converted to SLP (civil) No.581-2024, which is pending adjudi the Hon’ble Supreme Court of India. It would be relevant to mention here that all the petitioners are co petitioners in CWP No.17658 of 2006, which stood dismissed and now Special Leave Petition is pending before the Hon’ble Supreme Court of India.” A perusal of the above-quoted portion of the affidavit filed on behalf of the petitioners does not explain even delay of 21 years in filing of the present petition. In view of the above, we unhesitantly the ground of delay and laches especially when the petitioners and the co-sharers of the land in question who had unsuccessfully made a similar challenge before this Court has also been withheld. Dismissed. Pending application(s), if any, shall also stand disposed of. (DEEPAK SIBAL JUDGE (LAPITA BANERJI) JUDGE , 2026 speaking/reasoned : Yes/No Whether reportable : Yes/No sharers, who are family members of the petitioners, have preferred special leave petition bearing Special Leave Petition (Civil) Diary No.50524 of 2023, subsequently converted to 2024, which is pending adjudication before the Hon’ble Supreme Court of India. It would be relevant to all the petitioners are co-sharers of the petitioners in CWP No.17658 of 2006, which stood dismissed and now Special Leave Petition is pending before the Hon’ble quoted portion of the affidavit filed on even a day’s delay much less the the present petition. unhesitantly dismiss this petition on the ground of delay and laches especially when the relationship between the sharers of the land in question who had before this Court way back in the Pending application(s), if any, shall also stand disposed of. DEEPAK SIBAL) JUDGE (LAPITA BANERJI) JUDGE VANDANA 2026.02.10 17:59 I attest to the accuracy and integrity of this document