AKHARA BRAHM BUTA AMRITSAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The controversy here relates to 51 Kanals and 14 Marlas of land belonging to the petitioner-Akhara Brahm Buta, Amritsar. This Akhara is said to be a religious and charitable institution of the Udasin sect. The said land was included in the Scheme known as the Ajnala Road Development Scheme, framed by the Improvement Trust, Amritsar under the provisions of the Punjab Town Improvement Act, 1922 (hereinafter referred to as 'the Act'). The Punjab Government accorded sanction to this Scheme under section 41 (1) of the Act on February 25, 1964.

(2.) On March 26/27, 1965 there was an agreement between the petitioner and the Trust with regard to the said 51 Kanals and 14 Marlas of land whereby the Trust undertook to exempt 12 Kanals out of this land from the purview of the Scheme and for the remaining land, the petitioner agreed to accept compensation at the rate of Rs. 2/- per square yard. This agreement was thereafter given effect to by the Land Acquisition Collector in his award of March 29, 1965.

(3.) The Ajnala Road Development Scheme was, however, quashed by this court on January 3, 1966 in Civil Writ Petition No. 2053 of 1965 and this decision was later also upheld in appeal by the Supreme Court on November 17,1971.