LAWS(P&H)-2002-5-54

KARAM SINGH Vs. STATE OF PUNJAB

Decided On May 22, 2002
KARAM SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) WRITTEN statement filed on behalf of respondent Nos. 1 to 4 taken on record. We have heard the learned counsel for the parties.

(2.) THE petitioners own land in village Sultanpur, Tehsil and District Rupnagar. The State Government issued a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), for acquisition of land for construction of a Ring Bund. A declaration under Section 6 of the Act was published on February 04, 1997 invoking the urgency provisions under Section 17 of the Act. The respondent-department took possession of the land and the necessary development was made. It is the petitioners' case that despite the clear directive given in Section 17 of the Act, that 80% of the compensation was to be paid to the petitioners at the time of taking over of possession of the land, no compensation had been paid up to date and that in any case, the entire proceedings were deemed to have lapsed in the light of Section 11A of the Act.

(3.) IT has been argued by Mr. Naresh Kaushal, the learned counsel for the petitioners that by virtue of Section 11A of the Act, the entire proceedings were deemed to have lapsed. We reproduce Section 11A of the Act as under :-