M.M.KUMAR,J - (1.) CHALLENGE in this petition filed under Article 226 of the Constitution is to notification dated 23.2.2007 (P-1), de-notifying the earlier notifications issued under Section 4 and 6 of the Land Acquisition Act, 1894 (for brevity, 'the Act').
(2.) THE petitioner is owner of land, which is subject matter of dispute in the instant petition. It is comprised in Khasra Nos. 5/12/2/1(0-2), 12/2/2(0-5), 12/2/3(0-7), 12/2/4(0-7), 13/1/1(0-8), 13/1/2(0-15), 13/1/3(0-15), 13/1/4(0- 11), 13/2(4-16), 13/3(0-17), 14/1 (0-12), 14/2(7-8), 17(8-0), 18(8-0), 19/1(2-2), 22/2/1(0-19), 22/2/2(2- 2), 22/2/2(4-0), 23/1(4-0), 23/2(4-0), 24(8-0), total measuring 54 Kanals 06 Marlas, situated in the revenue estate of Village Langarpur, Hadbast No. 115, Tehsil Dasuya, District Hoshiarpur. It is pertinent to mention that the respondent State had issued notification dated 8.9.1994, under Section 4 of the Act (P-2) and declaration dated 13.6.1995, under Section 6 of the Act (P-3). The award in respect of the land was announced on 7.7.1997 (P-4). The purpose of acquisition was setting up of a Judicial Court Complex. Thereafter certain writ petitions were filed including C.W.P. No. 7740 of 2001, seeking directions for payment of compensation of the land of the expatriate, which was disposed of on 8.11.2001. The compensation was to be paid within two weeks from the date of order. When full compensation was not paid, another application was filed seeking directions for payment of full compensation. On the statement made by the State counsel the entire amount was undertaken to be paid, as is evident from the perusal of order dated 8.5.2002 (P-5).
(3.) IT has also come on record that Rapat Roznamcha was entered and the possession of the land was taken on 10.7.1997, as is evident from the Rapat Roznamcha dated 10.7.1997 (P-28), which is usual mode of taking possession by the Government. Accordingly, Mutation No. 1672, dated 10.7.1997 regarding transfer of ownership was also recorded.;