BALWINDER SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Through this regular first appeal, the appellants call into question the correctness of the judgment passed by the Additional District Judge, SAS Nagar, Mohali, dtd. 7/5/2021.

(2.) The appellants on the acquisition of land in para 1 of the application under the Land Acquisition Act, 1894, (hereinafter referred to as '1894 Act ') vide award No.527, dtd. 13/12/2011 applied to the Land Acquisition Collector under Ss. 18 and 30 of 1894 Act for sending the reference to the Court. The appellants claim that they being proprietors of village Manauli are entitled to compensation, with respect to the land acquired from them, whereas the Gram Panchayat, Village Manauli claims that the property is shamlat deh as defined in Sec. 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 (in short '1961 Act ') and hence, it is entitled to the amount of compensation. The concerned Land Acquisition Collector forwarded the matter to the Court at Mohali. It has been rejected, at the initial stage, by the Court while exercising its power under Order 7 Rule 11 CPC. The Court has held that the matter cannot be adjudicated upon by the Civil Court in view of the bar under Sec. 13 of the 1961 Act.

(3.) Heard learned counsel for the parties at length and with their able assistance perused the paper book as well as the record requisitioned. Learned counsel representing the appellants has forwarded their written arguments, supplementary written arguments and the proposed questions of law required to be adjudicated upon. The questions of law read as under:-