State of Haryana v. State of Punjab (SC)
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SUPREME COURT OF INDIA
Before :- Pinaki Chandra Ghose and Amitava Roy, JJ.
I.A. No.6 of 2016 in Original Suit No(s).6 of 1996. D/d.
State of Haryana - Petitioner
State of Punjab & Anr. - Respondents
W.P.(C) No. 455 of 2005, Conmt.Pet.(C) No. 511 of 2004 in Orgnl.Suit No. 6 of 1996.
For the Petitioner :- Jagdeep Dhankhar, Sr. Adv., Shyam Divan, Sr. Adv., Anish Kumar Gupta,AOR, Chandra Shekhar Suman, R.K. Rajwanshi, Ms. Deepshikha Bharati, Ms. Priyanka Parida, Ms. Rita Gupta, Navneet Gupta, Uday Aditya Banerjee, B.K. Satija, AAG, Arun Kumar, AAG, V.K. Choudhary, AAG, Avdhesh Kr. Singh, Amit Kumar, Dinesh Kumar Garg, Advocates.
For the Respondents :- Ranjit Kumar, SG, Ms. Binu Tamta, S. Wasim A. Qadri, Vijay Prakash, M.K. Maroria, AOR, Ms. Sushma Suri,Adv., Ram Jethmalani, Sr. Adv., Harish N. Salve, Sr. Adv., R.S. Suri, Sr. Adv., Mohan V. Katarki, Jagjit Singh Chhabra, Vinay K. Shailandra, Ms. Lata Krishnamurthi, Suksham Maheshwari, Ajay Awasti, Anirudh Anand, Chirag Madan, Advocates.
Interlocutory Application - Court appointed the Secretary, the Chief Secretary and Director General of Police, as Court Receivers of lands, works, property and portions of the SYL canal as involved and to file a Report as to ground situation of property within the time provided - Clarifications made that nobody in possession of lands in question as on today would be dispossessed before the next date of hearing - Matter listed for date further.
Heard Mr. Shyam Divan, learned Senior counsel appearing for the State of Haryana – Plaintiff, Mr. Ram Jethmalani, Mr. Harish N. Salve, learned Senior counsel appearing for the defendant – State of Punjab and Mr. Ranjit Kumar, learned Solicitor General of India appearing for the Union of India through Secretary, Ministry of Water Resources (Central Agency Section).
2. During the course of hearing, Mr. Shyam Divan, learned Senior counsel has given two paper books containing additional documents in the Court today which are taken on record.
3. Let notice be issued on the Interlocutory Application No. 6/2016 for directions filed by the plaintiff – State of Haryana.
4. Mr. Jagjit Singh Chhabra, learned Advocate-on-Record appearing for the defendant – State of Punjab and Mr. M.K. Maroria, learned Advocate-on-record appearing for the Union of India through Secretary, Ministry of Water Resources (Central Agency Section) accept and waive formal notice on behalf of the State and the Union of India.
5. Status-quo, as of today, shall be maintained by the parties, subject to further orders of this Court.
6. Having regard to the sensitive nature of the matter, we appoint (i) the Secretary, Home Department, Union of India, (ii) the Chief Secretary of the State of Punjab and (iii) the Director General of Police, State of Punjab as Court Receivers of the lands, works, property and portions of the SYL Canal as involved and to file a Report as to the ground situation of the property as above within a period of one week from today. For the present, nobody in possession of the lands etc. in question as on today would be dispossessed before the next date of hearing.
7. On the joint prayer made by the learned Senior counsel appearing for the parties, list the matters on 15th December, 2016 for further orders.
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