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1996 Supreme(SC) 1130

S.P.BHARUCHA, S.B.MAJMUDAR
Pradesh Pong Bandh Visthapit Samiti, Rajasthan – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Bharucha, J.-This is a writ petition seeking the quashing of a notification dated 12th March, 1992, issued by the State of Rajasthan, amending the Rajasthan Colonisation (Allotment and Sale of Government Land to Pong Dam Oustees and their transferees in the Indira Gandhi Canal Colony Area) Rules, 1972. The writ petition also seeks directions to the State of Rajasthan to recognise allottees of land allotted to them as Khatedars immediately on the expiry of ten years from the date of original allotment; to withdraw the cancellation of allotments where allotments had already been cancelled; and to allot land to oustees who had not yet been allotted any.

2. Construction work on the Pong Dam on the river Beas commenced in the year 1960. The land whose acquisition was requisite for the purpose then fell within the State of Punjab. After the reorganisation of State boundaries on 1st November, 1966, that land fell within the territorial limits of the State of Himachal Pradesh. Although the waters impounded by the Pong Dam were within the State of Himachal Pradesh, the benefit thereof accrued to a dominant extent to the State of Rajasthan.

3. The problems thrown up by the acquisition




























































































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