FINANCIAL COMMISSIONER (REVENUE) AND SECRETARY, PUNJAB Vs. GURKIRPAL SINGH
LAWS(SC)-2013-8-17
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on August 05,2013

Financial Commissioner (Revenue) And Secretary, Punjab Appellant
VERSUS
GURKIRPAL SINGH Respondents

JUDGEMENT

- (1.) The first petition has been filed against the impugned judgment and order dated 9.5.2008, passed by the High Court of Punjab & Haryana at Chandigarh in Writ Petition No.10511 of 2007 by which the notification dated 23.2.2007 de-notifying the land in exercise of the power under Section 48 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') has been exercised by the State and the said order has been quashed.
(2.) The subsequent two petitions have been disposed of by the High Court of Punjab & Haryana in terms of the judgment and order passed by the said High Court in first petition.
(3.) Land was notified under Section 4 of the Act on 8.9.1994. Section 6 declaration was made on 13.6.1995 and the Award was made on 7.7.1997. As the award amount was not paid, the "person interested" approached the High Court by filing writ petitions wherein directions were issued to release the amount of compensation. Subsequently, references under Section 18 of the Act were filed. Some of the references were decided and in the Execution Court an objection was filed by the State authorities that the land was no longer required for the purpose it was sought to be acquired for, i.e., establishment of court complex as it was to be established at a different place. Therefore, the execution proceedings were dropped and certain orders were passed. Subsequently, State authorities denotified the land so acquired issuing a notification dated 23.2.2007 under Section 48 of the Act.;


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