SWARAN SINGH Vs. LAND ACQUISITION COLLECTOR, JALANDHAR IMPROVEMENT TRUST
LAWS(P&H)-2016-5-171
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 04,2016

SWARAN SINGH Appellant
VERSUS
Land Acquisition Collector, Jalandhar Improvement Trust Respondents

JUDGEMENT

- (1.) The petitioner prays for quashing the impugned award dated 22.6.1962, Annexure P.4 passed by the Land Acquisition Collector, Jalandhar as the said acquisition was never acted upon by the respondents as well as the land owners, no compensation was paid and possession is still with him. Thus, the petitioner also prayed for relief under section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, "the 2013 Act").
(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. Gopal Singh, father of the petitioner had purchased land measuring 8 kanals situated in the area of Village Jalandhar Beat No.307, Tehsil and district Jalandhar from one Sudershan Lal Mahendru vide sale deed dated 6.2.1950. He remained owner in possession of the said land till his death and thereafter, his property was inherited by his sons including the petitioner Swaran Singh in equal shares. Till today, the petitioner alongwith his brothers is owner in possession of the land. Out of the said land, land measuring 2 kanals 1 marla was acquired and mutation was entered in favour of the Improvement Trust, Jalandhar vide jamabandi for the year 1994-95, Annexure P.3. According to the petitioner, the change of ownership was only a mere paper transaction but the possession is still with him. Award was passed by the Land Acquisition Collector on 22.6.1962, Annexure P.4. The Government of Punjab acquired land measuring 14 acres for an unknown scheme and the land of the petitioner measuring 8 kanals 4 marlas was part of the acquired land. The petitioner avers that through the award was passed but possession of the land was never taken by the Government and even compensation was also not paid to the land owners. The petitioner has even constructed his residential house and boundary wall. He is regularly paying the property tax to the Municipal Corporation, Jalandhar. The petitioner sent a number of letters to the respondents praying for correction of revenue record with regard to the ownership but having received no response, the petitioner has filed the instant writ petition.
(3.) We have heard learned counsel for the petitioner.;


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