- (1.) Executive Officer, Panchayat Samiti, Kotkapura, has filed an affidavit pursuant to this court's order dated 21/09/1993. The affidavit be taken on record.
(2.) The Dispute in this appeal relates to a piece of land measuring 611 sq. yards. The Settlement Officer, Jullundur, by his order dated 9/12/1968, decided to sell the land to the appellant by negotiation at assessed price of rs 6l10. The appellant was also directed to pay Rs. 1,539. 05 by way of damages for use and occupation of the said property up to December 1968. Since the appellant was in possession of the property as a displaced person, he was. entitled to the purchase of the same in terms of the policy decision of the government. The appellant agreed to pay the assessed price for the land but so far as the demand for payment of damages was concerned, he challenged the same before the higher authorities. While the matter was under consideration, an area measuring 16 canals 19. marlas including the land in dispute was transferred by the respondents to the Panchayat Samiti, Kotkapura, for a sum of rs 8814. The appellant challenged the transfer of the land in dispute to the panchayat Samiti, Kotkapura before the authorities under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (the Act). The appellant lost before all the authorities. The writ petition filed by him before the High court was dismissed in limine.
(3.) It is not disputed by the respondents that the appellant is in possession of the land in dispute till date. It is also not disputed that the appellant has raised construction on- the land. The appellant who is present in the court states that he has constructed a residential house on the land in dispute.;