STATE OF PUNJAB Vs. AMARJIT SINGH

JUDGEMENT

(1.) In this appeal, the State of Punjab has questioned judgment dated 25.05.2001 of the learned Single Judge of the Punjab and Haryana High Court whereby he dismissed the second appeal filed by the Appellant against the judgment of Additional District Judge, Patiala (hereinafter referred to as 'the lower appellate Court') confirming the decree passed by Subordinate Judge, Class-III, Patiala (hereinafter described as, 'the trial Court') in a suit for declaration and possession filed by the Respondent.

(2.) By Notification dated 30.09.1955 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the Government of Punjab proposed the acquisition of 33 bighas and 8 biswas land comprised in Khasra Nos. 17, 20, 42, 146 and 147 situated in village Lehal, Tehsil and District Patiala, Punjab for construction of Teachers Training Institute (for short, 'the Institute'). Declaration under Section 6 was issued on 30.11.1955. Thereafter, the Land Acquisition Officers passed two awards dated 06.10.1956 and 22.08.1960. The State Government took possession of the acquired land from its owner Sunder Singh son of Fatta in October, 1956 and constructed the building of the Institute.

(3.) After almost 13 years of the issue of notification under Section 4 and over 12 years and 6 months of the issue of notification under Section 6, Respondent Amarjit Singh filed suit for declaration and possession by asserting that by virtue of Will Exhibit P1 executed by Sunder Singh, he had become owner of the land. He pleaded that the acquisition was made without following the procedure prescribed under the Act and the awards were passed by an officer who was not authorised to do so.