ATMA SINGH EXPIRED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide Notification dated 21st July 1978, (Annexure P-1) issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act), the State Government showed its intention to acquire about 444 Kanals 18 Marlas of agricultural land, situated in the revenue estate of Bhagta Bhaika, Tehsil Rampura Phul, District Bhatinda, for a public purpose, namely for setting up a New Mandi Township. After hearing the objections under Section 5-A of the Act, a notification under Section 6 of the Act was issued on 9th May, 1979, a copy of which has been attached as Annexure P-2 with the writ petition. Out of the acquired land, it is alleged that the petitioners own about 113 Kanals of land. The award determining compensation was given on 23rd December, 1981 by the Land Acquisition Collector. A certificate dated 12th November, 1982 was issued by the Extra Assistant Colonisation Officer, purporting to be in exercise of the powers of the Collector under the Punjab Colonisation Lands Act, 1912 (Annexure P-3). This certificate was sent to the District Collector, Bhatinda for recovering dues imposed under the Punjab Colonisation Lands Act, 1912 , in respect of the encroachments made on the land in the New Mandi, Bhagta Bhaika, Tehsil Rampura Phul, District Bhatinda. It is mentioned in the certificate that a sum of Rs. 25,900/- is payable on account of assessed value imposed under Section (No section has been mentioned) of the Punjab Colonisation Lands Act, 1912 by Shri Pritam Singh, Labh Singh and Atma Singh sons of Bhola Singh, who are the petitioners in the present case. It is further mentioned that the above sum was recoverable as arrears of land revenue.

(2.) The petitioners by way of this writ petition had challenged the acquisition of their land and the above mentioned certificate (Annexure P-3). The main attack against the acquisition was that it was bad since there was a violation of Sections 5-A, 9 and 12 of the Act. As far as the certificate (Annexure P-3) is concerned, the same was attached on the ground that there is no power under the Punjab Colonisation Lands Act, 1912 , to issue such a certificate and in any case no notice was issued to the petitioners or any hearing granted to them before issuing the certificate, Annexure P-3.

(3.) During the pendency of the writ petition, proceedings of eviction under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter called the Public Premises Act), were also initiated against the petitioners on the ground that they were in unauthorised possession of the land in dispute as the land had vested in the State Government. An order of eviction dated 15th August, 1987 (Annexure P-6) had been passed under the Public Premises Act by the Collector. Appeal by the petitioners against the said order of eviction was also dismissed by the Appellant Authority under the Public Premises Act vide order dated 7th September, 1988 (Annexure P-9). These orders, Annexures P-6 and P-9 were also challenged by amending the writ petition.