KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Civil Writ Petition Nos.14416 and 14418 of 2010, involving similar questions of law and facts. For facility of reference, facts are being mentioned from CWP No.14416 of 2010. THIS writ petition was filed with a prayer to issue a writ of mandamus directing the respondents to vacate possession of the excess land taken over by them, over and above the acquired land. It is apparent from the record that for construction of a railway line from Ludhiana to Chandigarh, a vast track of land was proposed to be acquired by issuing a notification under Section 4 of the Land Acquisition Act, 1894 (in short, the Act) on 7.9.2007. The petitioners land measuring 13 kanals 5 marlas was included in that notification. Declaration under Section 6 was issued on 18.1.2008. However, at the time of laying down the railway line, it appears that excess land owned by the petitioners than the one acquired, was used by the authorities for construction of the railway line. The petitioners asked the authorities to pay compensation for the same. When failed to get any response, they filed this writ petition. On 13.8.2010, following order was passed by this Court:- Notice of motion for 16.9.2010. On our asking Mr.Suvir Sehgal, Addl.A.G. Punjab accepts notice on behalf of respondent Nos.1, 4 and 5 and Mr.Jagdish Marwaha, Advocate for respondent Nos.2 and 3. Counsel for the petitioners is directed to supply four copies of the writ petition to Mr.Sehgal and three copies to Mr.Marwaha respectively, during course of the day. In the meantime, it is directed that the Railway authorities shall take notice of the averments of the petitioners and get the land demarcated in association with the petitioners. Thereafter, an affidavit be filed, stating as to how much land of the petitioners was acquired by issuing notification originally, whether alignment was changed and whether any excess area is in possession of the Railway authorities. If any excess area is in possession of the railway authorities, compensation be paid to the petitioners, as per law. The Land Acquisition Collector shall initiate process of demarcation in consultation with the railway authorities and petitioners. Copy of the order be given dasti under the signature of Court Secretary of the Bench. In response thereto, reply has been filed on behalf of respondent Nos.2 and 3. Paragraph Nos.2, 4 and 6 of the reply read thus:-

(2.) THAT in compliance to the directions given by the Honble High Court, the land of the petitioners with their association was got remeasured on dated 22.8.2010 and 25.8.2010 by the Revenue Staff with the active participation of the Railway staff in the presence of the petitioners and necessary report was prepared there and then, copy of which is being attached as Annexure R-3/A and the photographs which were taken during the remeasurement process at the spot are also being attached for ready reference as Annexure R3/B, 3/C & 3/D. The demarcation proceeding were conducted on the above mentioned dates after serving the due notices to the petitioners requesting them to remain present during the demarcation proceedings and active participation from the petitioner was requested for. Copies of the notices served on the petitioners are being attached as Annexures R3/E and R3/F. The demarcation proceedings were attended by the petitioners and other respectable persons of the said village and the concerned Kanungo prepared the Attendance sheets and obtained the signatures of the petitioners and other respectable persons who remained present at the site when the remeasurement process was being carried out of the lands of the petitioners as per directions of the Honble High Court. 4. THAT after conducting the remeasurement of the lands pertaining to the petitioners, it was noticed that the land to the extent of 14 kanal 11 marla comes under the Railway boundary which includes 1 kanal 6 marla in excess of already acquired land measuring 13 kanal 5 marlas under Section 6 of the Land Acquisition Act, for which the compensation already stands paid whereas, the compensation pertaining to the excess land is required to be assessed by the Revenue Authorities and the payment of compensation of the excess land will be made accordingly after issuing the necessary corrigendum to the existing notifications and approval of the competent authority. 6. THAT so far as the directions given by the Honble High Court regarding making of the payment of compensation of the excess land area to the extent of 1 kanal 6 marlas, it is respectfully submitted that the necessary corrigendum to the notification under Section 6 of the Land Acquisition Act is required to be made for rectification of the areas already notified for acquisition for the purpose the land was acquired for the Railway by the Land Acquisition Officer i.e. for Ludhiana-Chandigarh Railway line. After approval of the corrigendum and making supplementary award by the competent authorities, the payment will be made to the petitioners. Counsel for the petitioners fairly states that he has no objection to the acquisition of the excess land measuring 1 kanal 6 marla (2 kanal 8 marlas in CWP No.14418 of 2010), as was found at the time of demarcation. The railway authorities have also stated that they are ready to make payment of compensation for the excess land used by them. However, it has been stated that the revenue authorities will first assess the compensation and then it will be released by the railway authorities. We are of the opinion that as on today, it is not possible for the revenue authorities to assess any compensation because land measuring 1 kanal 6 marla (2 kanal 8 marlas in CWP No.14418 of 2010) was not subject matter of notifications under Sections 4 and 6 of the Act. Faced with the situation, counsel for the parties are in agreement that above said land be deemed to have been acquired now and the authorities be directed to assess compensation accordingly. In view of facts mentioned above, we declare that excess land measuring 1 kanal 6 marla (2 kanal 8 marlas in CWP No.14418 of 2010) deemed to have been acquired now i.e. on 16.9.2010. The Land Acquisition Collector shall pass an award accordingly taking note of the prices existing today, within two months from today. The railway authorities shall then deposit the compensation within one month thereafter, which shall be disbursed to the petitioners within 15 days on deposit so being made. It will be open to the petitioners to avail remedy as per law for enhancement of compensation etc. The writ petitions stand disposed of. Copy of the order be given dasti under the signature of Court Secretary of the Bench.