LUDHIANA IMPROVEMENT TRUST ETC. ETC. Vs. MADAN LAL

JUDGEMENT

(1.) Writ petitions are dismissed since we are of the view that the Land Acquisition (Amendment Act) 68/84 is not constitutionally invalid.

(2.) Special leave petitions are dismissed since the order of the Tribunal sought to be impugned in these Special Leave Petitions has already been assailed before the High Court in Writ Petition Under Art. 226/227 of the Constitution and those Writ Petitions are pending in the High Court. We would ask the High Court not to proceed with the hearing of these writ petitions since the question of hearing the provisions of the Amended Act is now pending Judgment before a Bench of 5 Judges of this Court on account of difference of opinion between the two Benches of this Court and the Judgment is awaited. It is desirable that the High Court may not proceed with this case until the judgment is delivered in this Court. We are informed that the assets including the Fixed Deposits and the bank accounts of the Ludhina Improvement Trust have been attached. We do not think it would be right to attach these assets and Fixed Deposits, etc. of the Trust because this would completely immobilise the Trust and hurt its functioning pending the disposal of the Writ Petition at the High Court. Since the person in whose favour the Award was made are not before us, we would leave it open to the petitioners to raise the question of lifting the attachments before the High Court and the High Court will consider any such application in accordance with law taking into account the facts and circumstances of each case. The matter is disposed of accordingly.