PUNJAB STATE Vs. SANSAR PREET MANDAL

JUDGEMENT

(1.) Defendants State of Punjab and others have filed this Regular Second Appeal against the judgment and decree of Additional District Judge, Amritsar dated September 16, 1988 decreeing the suit filed by the plaintiffs Sansar Preet Mandal and others (President and General Secretary of the Said Mandal) for declaration that the notifications issued under Sections 4 and 6 of the Land Acquisition Act (hereinafter called the Act) for acquiring plaintiffs land measuring 26 Kanals 10 Marlas, comprising Khasra Nos. 307, 308, 309, 323 and 327, situated in village Lopoke and the entire acquisition proceedings taken subsequently and award No. 1 of 1977 dated May 4, 1977 passed by the Sub Divisional Officer-cum-Land Acquisition Collector, Ajnala were illegal, contrary to the provisions of the law, principles of natural justice, arbitrary, mala fide, void and ineffective against the rights of the plaintiffs, with consequential relief, restraining the defendants from taking possession of the aforesaid land in pursuance to the aforesaid acquisition proceedings and the award. The said suit was dismissed by Subordinate Judge I Class, Amritsar on January 17, 1983.

(2.) The suit was contested by the State of Punjab and other defendants on differents grounds. The trial Court framed the following issues :-

(3.) The eviction order was passed against the respondents under the Public Premises Act on which reliance was being placed by the appellants in order to show that possession of the acquired land was earlier taken which was recognized by the authority under the said Act while passing the order of eviction. Learned counsel for the respondents has pointed out that the said order of eviction was set aside on appeal by the Commissioner. Thus, the position remains as it was on the date of filing of the present suit. On the evidence produced it is to be decided whether the State had taken over possession of the land acquired or not.