MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer that directions be issued to the respondents to consider and decide representation dated 27.10.2010 (P6), filed by the petitioners, claiming compensation for the land, which has been used in excess by the respondents than the actual area of land acquired.

(2.) IT is not in dispute that in the year 1997, by issuing the notifications under Sections 4 and 6 read with Section 17 of the Land Acquisition Act, 1894 (in short, the Act), a long strip of land was acquired for construction of a drain. The drain was constructed immediately thereafter. Award was passed in the meantime and compensation was disbursed to the petitioners. Thereafter, they did nothing. If they were aggrieved on account of measurement of land, which they alleged was used in excess of the land acquired, they should have filed an application under Section 18 of the Act. Nothing was done for a period of more than 11 years.

(3.) A reading of the facts mentioned above, clearly indicates that disputed questions of facts exist between the parties. Otherwise also, we are of the opinion that after such a long delay, no benefit can be extended to the petitioners in exercise of powers under Article 226 of the Constitution of India. The petitioners, if so advised, may seek their remedy before the competent forum, as per law. Disposed of.