LAWS(P&H)-1984-7-110

SATINDER PAL SINGH Vs. STATE OF PUNJAB

Decided On July 25, 1984
SATINDER PAL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petitions No. 860 to 877 all of 1984, as common question arise therein. For facility of reference, the facts of Civil Writ Petition No. 867 of 1984 are being noticed.

(2.) Ludhiana Improvement Trust, Ludhiana (hereinafter called 'the trust') vide resolution No. 102 passed on 7th July, 1960 framed a development scheme known as Model Town extension part-I scheme under section 28 of the Punjab Town Improvement Act, 1922, (hereinafter called the 'Act') for an area measuring approximately 300 acres. A notice in this regard was published in the Government Gazette dated 16th September, 1960 in accordance with section 38 of the Act. A copy of this notice is annexure P-1. Later on vide notification dated 7th May, 1964 the State Government sanctioned the scheme with regard to an area measuring approximately 165 acres. The notification was issued in pursuance of the provisions of section 42(1) of the Act, copy of which is annexure P-2. The Land Acquisition Collector gave an award on 31st March, 1965. This related to major part of the acquired land. With regards to 17 Bighas 6 Biswas 6 Bisvansis no award was given as this area belonged to the Central Government (being erstwhile evacuee property having vested in the Central Government as such) and the Trust was advised to acquire that area by settling the price by negotiation with Regional Settlement Commissioner, Jalandhar. The relevant observations of the Land Acquisition Collector in this regard were as follows :-

(3.) The aforementioned land, which belonged to the Central Government was already in occupation of certain allottees and displaced persons from West Pakistan. In spite of the direction of the Land Acquisition Collector to the Trust to settle the price of the aforesaid land with the Rehabilitation Department, no action was taken by the Trust and in the meantime the Central Government through the Rehabilitation authorities granted Sanand i.e. the proprietary rights to the allottees and the occupants in due course. After about 20 years, the Trust woke up and issued notices to the occupants under section 9 of the Land Acquisition Act, 1894 to invite their claims regarding the details of the land, interest therein and the amount of compensation etc. Copy of one of such notice is Annexure P-3 which gives the details when the acquisition was made by issuance of notification under section 42 of the Act in Govt. gazette dated 11th May, 1964 and the award was announced on 31st March, 1965 and since the ownership of the land under consideration was of the Central Government, this land was not included in the award and the Trust was asked to acquire land by direct negotiation and now the Trust wanted to give a supplementary award and thus the claims were invited. Soon after the receipt of the aforesaid notices, the petitioner came to this Court to challenge the entire acquisition proceedings. The petitioner have further averred in the writ petition that they have built their houses after spending thousands of rupees after the land was permanently transferred to them by the Rehabilitation Department, whereas some of the petitioners are transferees from such persons who have set up their residential houses. The main attack in the writ petition to challenge the entire acquisition proceedings is that notification equal to section 4 was issued way back in September, 1960 and notification equal to section 6 was issued on 7th May, 1964 yet till date compensation has not been determined and, therefore, the lapse of over 20 years period has made the acquisition a colourable exercise of authority to peg down the prices of the acquired land as it obtained on 16th September, 1960, which is not permissible in view of the following Full Bench and Division Bench judgments of this Court.