SANTOSH SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON October 28, 1991 the respondents issued a Notification under Section 4 of the Land Acquisition Act, 1894. On February 22, 1992 the Notification under Section 6 was issued. On November 22, 1994 the Land Acquisition Collector gave the award. The land of the petitioner having been acquired, she filed a petition under Section 18 of the Act for enhancement of the compensation. However, vide notification dated January 13, 1999 the State Government decided to "withdraw from acquisition the land ..." Aggrieved by the notification dated January 13, 1999, the petitioner has approached this Court through the present writ petition.

(2.) THE petitioner alleges that the payment was made to her in terms of the award. She had accepted the payment under protest. She had claimed enhanced compensation. The respondents had taken actual physical possession of "the acquired land along with the accessories .." on July 20, 1996. A copy of the daily diary report has been produced as Annexure P-1 with the writ petition. She alleges that the respondents having taken the possession, they are not entitled to withdraw from the acquisition and thus, the impugned notification deserves to be quashed.

(3.) THE written statement on behalf of the respondents was filed in October 1999. No replication has been filed.