JAIDEV INDER SINGH Vs. AMRITSAR IMPROVEMENT TRUST

JUDGEMENT

(1.) Leave granted.

(2.) Pursuant to the Notification dated 18.12.1972 issued under Section 36 of Punjab Town Improvement Trust Act, 1922, which resulted in an Award dated 03.10.1973, around 63 acres of land belonging to the appellant and his other three family members were acquired. Subsequently, by a Notification dated 19.02.1973, another acquisition at a different location was initiated, culiminating in Award dated 04.05.1974, acquiring 87 acres of land belonging to the appellant and his three other members of the family. It appears that there was a challenge before the High Court of judicature of Punjab and Haryana on an acquisition, which led ultimately to the Judgment dated 27.09.2001 in Regular Second Appeal No. 2634 of 1993. It is seen from the Judgment that a decision was taken by the Empowered Committee to exempt 10.76 acres of land of the family of the appellant on condition that the same would be maintained as an orchard. The Second Appeal was disposed of, decreeing that 10.76 acres of land would stand exempted from acquisition with a condition that in case the condition is violated, it would be open to the Government or the Trust to initiate fresh steps for acquisition.

(3.) Thereafter, the appellant and the other members of the family, who are the owners of the land covered by the second acquisition, approached the Trust seeking release of land to an extent of 500 sq. yards each in terms of the Rules aforementioned. The Trust declined the request on two grounds, viz:-