- (1.) The appellants filed suit for permanent injunction restraining the respondents from dispossessing them or interfering in their possession over the land bearing Khasra No.204/19 measuring 11 Kanals 11 Marlas out of which 8 Kanals 11 Marlas barani-II and 3 Kanals gair mumkin abadi in part of which the appellant-plaintiffs constructed their houses from time to time.
(2.) Possession of the appellants is stated to be for 35 years continuously. It was averred that one of the houses of appellants situated in Village Kiari was already acquired by Union of India whereas the disputed house falls across the Defence Road and the same was renovated by them after acquisition of the land. The appellants have spent about Rs. 15,00,000/- in completion of the houses. The entire land, structure, trees etc. falling to the right side of the Defence Road were already acquired and they took possession after the award dated 15.03.1993. The appellants, however, were not intimated about acquisition of the land across the Defence Road nor possession was taken. The respondents even did not get assessed the market value of the structure nor paid a penny towards compensation of the same. The defendants now claim that the suit property and some portion of the land was also acquired but under the garb of acquisition, the respondents are threatening to interfere in possession of the plaintiffs. Another plea taken in the plaint was that in case the defendants claim that entire Khasra No.204/19 was acquired, the appellant-plaintiffs were ready to exchange the land measuring 14 Kanal 1 Marla in Khasra No.32R/18/2, 19 and 32R/22 situated in village Pangoli, Tehsil Pathankot now District Pathankot.
(3.) The claim of the respondent-defendants was that Khasra No.204/19 measuring 11 Kanals 11 Marlas was acquired vide notification dated 22.2.1991 under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and declaration under Section 6 of the Act was issued in government gazette. The Land Acquisition Collector passed the award on 15.03.1993 and compensation for acquiring land, structure and trees existing thereon as assessed by the PWD Authority was paid and possession of the land as well as the structure was handed over to the defendant-respondents on 16.12.1994. The property has also been mutated in favour of Ministry of Defence. The compensation was also enhanced by the Land Reference Court vide awards dated 03.01.2001 and 31.01.2001 and at that time there was no house constructed over the land. The suit was filed by the appellants on 01.11.2003.;