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2003 Supreme(SC) 1136

S.N.VARIAVA, H.K.SEMA
State Of Haryana – Appellant
Versus
GURCHARAN SINGH – Respondent


ORDER

1. This appeal is against the judgment of the High Court dated 17-9-1996.

2. Briefly stated, the facts are as follows:

The land in question was acquired as far back as 1956 by the h Government for the purposes of putting up brick kilns to supply bricks for construction of the Bhakra Canal. After the canal was constructed, the land was no longer required by the Government. The Government has framed Standing Order 28. The relevant portion of which reads as under:

"When agricultural or pastoral land has been permanently acquired for public purposes by any department of the Government and is no longer required for such purposes, the disposal of it shall be guided by the general consideration mentioned in paragraphs 493-95 of the Land Administration Manual which are reproduced below:

Paragraph 493 Disposal of land no longer required, where land in the permanent occupation of any department of the Punjab Government is no longer required, it should be handed over to the Deputy Commissioner of the district, who becomes responsible for the disposal of it under the orders of the Commissioner.

It may not, however, be permanently alienated without the previous sanction of the Government.









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