THAKUR DWARA Vs. PUNJAB STATE

JUDGEMENT

(1.) THE petitioner prays for the issue of a writ in the nature of Madamus directing the respondent authorities to exclude land measuring 19 Kanals 18 Marlas from acquisition. The basis for this claim is that a Thakur Dwara (Temple) exists at the site. There is also accommodation consisting of eight rooms on the ground floor and two rooms on the first floor for the residence of Sadhus.

(2.) THE respondents contest the petitioner's claim. A written statement has been filed. It has been inter alia averred that the notification under Section 4 was issued on November 12, 1992. The petitioner never filed any objection under Section 5-A of the Land Acquisition Act, 1894. Thereafter, the notification under Section 6 was issued on July 21, 1993. The award was announced on February 22, 1995. The amount of compensation was deposited on May 6, 1996. The petitioner has filed the petition in May 1999 after the possession had already been taken.

(3.) MR . Kartar Singh, learned counsel for the petitioner, submits that the respondents have not taken possession. There is a religious institution at the site. Thus, the land belonging to the institution should be excluded from acquisition. On the other hand, Ms. Jaishree Thakur, learned counsel for the respondents, submits that the petitioner had not raised any objection under Section 5-A of the Act. There was only a small structure existing on the land which was acquired. The 'Dera' does not come within the definition of a religious institution so as to warrant any exemption. She maintains that the possession was taken on February 22, 1995. The amount was deposited with the District Judge vide Voucher No. 861 on May 6, 1996. In view of these facts, she submits that there is no merit in this case.