DINESH CHADHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by petitioners in public interest with a prayer that criminal action and inquiry be ordered against the respondents on the ground that the land of respondent No. 15 and his family members, situated at Guruharsahai District Ferozpur has been mischievously acquired by the respondent - Government of Punjab in the year 2012, even though it allegedly already stood acquired and compensation paid in the year 1962. It is allege that respondent No. 15 is well placed in political circles of the State of Punjab and the aforesaid acquisition has been intentionally done to cause undue benefit to him and his family members.

(2.) In brief the case set up by the petitioners is that on 31/1/1962, State of Punjab had issued notification under Sec. 4 and 6 of the Land Acquisition Act, 1894 intending to acquire chunks of land in Khasra No. 116 and 117, Guruharsahai District Ferozepur. (Though it is not understood how both notifications could be issued on the same date). The petitioner submit that award dtd. 22/3/1962 was passed for aforesaid land (though no copy of the said award has been placed on record). Subsequently, respondent No. 15 filed a Civil Suit titled as "Gurmit Singh V/s State of Punjab and others" before the Ld. Civil Court, Ferozpur seeking possession of its land measuring 69 Kanal 3 Maria at Village Mohan Ke Uttar, Ferozpur on the ground that the plaintiff continues to be the owner of the said land whereas the State of Punjab without lawfully acquiring the same had utilized the same land for common purposes. The said suit was decreed vide judgment and decree dtd. 18/4/2006, whereby though relief of possession was declined but the State of Punjab was permitted to initiate action in accordance with law regarding acquisition of land of the plaintiff therein / respondent No. 15 herein. State of Punjab unsuccessfully contested the same in Appeal No. 87 of 20/5/2006 which was dismissed on 5/10/2007 (Annexure P-15) by the Ld. Additional District Judge, Ferozpur.

(3.) Subsequently, one of the co-owners alongwith respondent No. 15 submitted representation to the State of Punjab being aggrieved of the action of State of Punjab in utilizing his land without having lawfully acquired the same. This led to the State of Punjab passing an award dtd. 6/6/2012 vide which the lands of respondent No. 15 and other co-sharers were acquired. Compensation pursuant to same was paid on 24/7/2014 (as is evident from Annexure P-21). Respondent No 15 and other co-sharers applied under Sec. 18(1) read with 31(2) of the Land Acquisition Act, 1894 before the Ld. Additional District Judge, Ferozpur for enhancement.