HARINDER SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2015-8-610
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 18,2015

Harinder Singh And Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents




JUDGEMENT

- (1.)By this order, we shall dispose of CWP No.4671 of 2015 and CWP No.10725 of 2015 raising identical question of laws and facts regarding acquisition of land on the basis of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short '2013 Act').
(2.)The facts for the purposes of present order are taken from CWP No.4671 of 2015. The petitioners are occupants of land owned by Wakf Board comprising in Khasra No.1104/1 and 1104/2/1-2 at Sunam, District Sangrur. A notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') was issued on 26.02.1976 for construction of New Mandi Township at Sunam by invoking the urgency provisions under Section 17 of the Act followed by notification under Section 6 of the same date. The Collector announced award on 24.03.1977. The Collector found that in the Wakf property under acquisition, 79 unauthorized houses have been constructed by the unauthorized occupants and the compensation of these structures be paid to the owners. The compensation of the houses was assessed as follows:- JUDGEMENT_610_LAWS(P&H)8_2015_1.html
(3.)The claim of the petitioners is that they are in continued possession of the land acquired nor have been paid compensation nor deposited the amount of compensation before the Reference Court, therefore, the acquisition proceedings have abated. It is a categorical case of the petitioners that compensation as awarded by Land Acquisition Collector has not been paid or deposited with the Reference Court 5 years prior to 01.01.2014. The reliance of the petitioners is on the Supreme Court Judgment Pune Municipal Corporation and another v. Harakchand Misirimal Solanki and others, 2014 AIR(SC) 982 .
It is also asserted that the petitioners filed a civil suit in the year 1981 for permanent injunction fearing dispossession from the respondents. Such suit was decreed by learned trial Court on 17.09.1986 but such decree was set aside in appeal on 18.01.1991 when the Administrator, Market Committee, Sunam, was directed to be impleaded as a party. Thereafter, suit was dismissed on 29.01.1994. A writ petition bearing CWP No.1392 of 1976 was filed for quashing the acquisition proceedings. The same was allowed on 06.03.1978 for the reason that the substance of the notification was not published in the locality but the said judgment was set aside in LPA No.226 of 1976, decided on 05.11.1979.

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