AMOLOK SINGH Vs. THE PATHANKOT IMPROVEMENT

JUDGEMENT

(1.) ALL the petitioners in this petition are residents of Pathankot in the State of Punjab. They are owners of different Khewat, Khatauni and Khasra Numbers of the land situated in village Saili and Anandpur, subject matter of the present writ petition. Petitioner No. 1 owns 132 Kanals 1 Marla of land in revenue estate of village Anandpur while petitioners No. 2 to 8 have their houses, lands, cattle sheds in the revenue estate of village Saili. The Pathankot Improvement Trust, Pathankot, hereinafter referred to as the Trust, issued a notification under Section 36 of the Punjab Town Improvement Act, 1922 upon holding a special meeting on 30.4.1971 for expansion of development scheme known as "Timber Market and Truck Stand etc." This scheme was framed under Sections 24/28 of the Punjab Town Improvement Act, 1921, referred in short as the Act. The land in dispute is situated within the Municipal limits of Pathankot. These lands were covered under the notification obviously with the object of developing the area in accordance with the integrated scheme afore-referred. Vide notification dated 11.6.1971 issued under Section 36 of the Act, the land measuring about 222 acres was acquired. This total area included the land in both the villages of Saili and Anandpur as specified in the notification annexed to the writ petition as Annexure P/1.

(2.) THE Land Acquisition Collector, Improvement Trust, Pathankot vide award No. 1 of 1976 decided on 2.6.1976 awarded compensation of different amounts to the different class of the land and for the superstructures raised thereupon. It is the case of the petitioners that no compensation has been received by them and they are in possession of the acquired land even presently. Number of residential and other buildings have already been constructed on the land in dispute, though some part of it is lying vacant and as such the scheme cannot be implemented. On these facts, the petitioners pray that the award dated 2.6.976, Annexure P/3 to the writ petition, be quashed and all subsequent proceedings should also be set aside.

(3.) I may also notice at this stage that during the pendency of this writ petition an application was filed on 5.1.1996 being C.M. No. 846 of 1995 with a prayer that certain subsequent events with regard to the construction on the area of acquired land and colonies have come up and prayer was also made to place on record certain photographs and a direction to the respondents to place on record the lay-out plan.