OM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals are by claimants whose lands have been included in a Development Scheme by the Patiala Improvement Trust under the Punjab Town Improvement Act of 1922. the publication under S. 36 of the Act corresponding to S. 4 of the Land Acquisition Act, was made on 14/01/1974. Action corresponding to S. 6 of the Land Acquisition Act was taken in December 1976 and the award wasmade in July 1978. As the entire compensation fixed was not offered, the appellants did not accept part payment of the compensation and filed writ petitions before the High court challenging the proceedings on several grounds including delay. the plea of delay was rejected by the High court on the ground that the writ petitions suffered from lches and approached the court belatedly. That is how these appeals have corne to this court by special leave.

(2.) It is not disputed that the award has been made on 29/07/1978. It is also not in dispute that several references have been made for fixing the proper market value of the property and are pending disposal. In the mean time the Land Acquisition Act has been amended in 1984 and provision for escalation of rates of interest and solatium has been made. There is no dispute that for the acquisition under the Punjab Town Improvement Act, 1922, the procedure laid down under the Land Acquisition Act, 1894 applies.

(3.) The entire compensation money as per award has not been paid. Counsel for the Trust, respondent 2, agrees that money is available now and can be paid within any period as we direct. We, therefore, require the respondent-authorities to deposit the money with the Land Acquisition Officer within two weeks hence for disbursement in terms of the award. the Land Acquisition Officer shall disburse the amount within two weeks thereafter.