High Court of Punjab and Haryana, Chandigarh
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Joginder Pal Gandhi v. State Legal Authority & Ors - CWP-235-2006  RD-P&H 5749 (21 August 2006)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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C.W.P NO. 235 OF 2006
Date of decision : August 3, 2006
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Joginder Pal Gandhi ............Petitioner Vs.
State Legal Authority & others ...........Respondents * * * * *
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S BHALLA
Present: Mr. Atul Lakhanpal, Advocate for the petitioner(s).
Ms. Kamla Chhabra, Advocate for respondents no. 2 & 3.
Mr. Anupam Gupta, Advocate for respondent no.6.
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Viney Mittal, J. (Oral)
The petitioner before approaching this Court had filed an application before the Permanent Lok Adalat against the award dated April 19, 2004. The aforesaid application has been dismissed by the Permanent Lok Adalat vide order dated August 22, 2005 (Annexure P-3). It is in these circumstances, the petitioner has approached this Court challenging the aforesaid Annexure P-3. Concededly, the petitioner was not a party to the settlement/award dated April 19, 2004. He claims independent rights in the site in question.
In the circumstances, when the petitioner was not a party to the C.W.P NO. 235 OF 2006 2
aforesaid award dated April 19, 2004 passed by the Lok Adalat, then his remedy would be to file a Civil suit, in accordance with law.
At this stage, Sh. Anupam Gupta, learned counsel appearing for respondent no.6-Estate Officer, Chandigarh has stated that the administration is not concerned with the outcome of the litigation between the private parties and the power of the administration to order resumption of the site in question is independent of any dispute between the parties.
We take note of the aforesaid contention.
Disposed of with the liberty to the petitioner to seek his remedies in accordance with law.
( VINEY MITTAL )
August 3, 2006 ( H.S BHALLA )
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