DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are land owners of village Danewala. Their land was acquired vide notification dated July 9, 1997. Thereafter, they were paid compensation according to their respective shares. The petitioners complain that the compensation given to them was not in conformity with the agreement which had been arrived at between the land owners and the authorities prior to the issue of the notification on June 3, 1998. They pray for the issue of a writ in the nature of mandamus directing the respondents "to make payment of compensation... at the rates fixed by them vide meeting dated 3.6.1997..."

(2.) A written statement has been filed on behalf of the respondents. It has been inter alia averred that 24 kanals and 18 marlas of land belonging to the petitioners was acquired for the purpose of constructing a drain. Compensation according to the respective shares of the petitioners has been paid at the rates determined by the Draft Award (a copy of which has been produced as Annexures R-1/T). It has also been averred that the Draft Award has been approved by the State Government.

(3.) ADMITTEDLY , the land of the petitioners was ordered to be acquired vide notification dated July 9, 1997. The provisions of Section 17 had been invoked. Under the law it was incumbent upon the respondents to "tender payment of 80% of the compensation...to the persons interested...". Still further, the competent authority had to make an award after giving notice to the interested persons.