SURAJ BHAN Vs. STATE OF PUNJAB
LAWS(P&H)-2008-12-114
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 19,2008

SURAJ BHAN Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

SURYA KANT,J - (1.) THIS Civil Writ Petition seeks quashing of notifications dated 4th January, 1974 and 30th December, 1976 [Annexures P-3 and P-5] as well as the award dated 28th July, 1978 [Annexure P-6] whereby the petitioners' land measuring 10 Bighas 4 Biswas in one parcel and 1 Bigha 2 Biswas in the other parcel situated within the revenue estate of Patiala [Punjab] has been acquired for the Development Scheme for an area measuring 180 acres known as "Saheed Sewa Singh Tikriwala Nagar" framed by the Improvement Trust, Patiala.
(2.) THE Improvement Trust, Patiala vide its Resolution dated 3rd December, 1973 framed the aforementioned Development Scheme. A notification dated 21st December, 1973 [Annexure P-2] was thereafter issued under Section 36 of the Punjab Town Improvement Act, 1922 [for short 'the 1922 Act']. However, it appears that no final notification under Section 42 of the 1922 Act was issued. On 4th January, 1974, the Punjab Government issued another notification [Annexure P-3] under Section 36 of the 1922 Act proposing to acquire the same set of land for the same Scheme, followed by a notification dated 30th December, 1976 [Annexure P-5] under Section 42 of the 1922 Act.
(3.) ON 28th July, 1978, the Land Acquisition Collector, Improvement Trust, Patiala, announced the award [Annexure P-6] whereby the land was divided into two Blocks "A" and "B" and compensation @ Rs. 8.25/- per square yard for Block "A" and @ Rs. 6.60/- per square yard for "B" was announced.;


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