BADAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The facts giving rise to this petition under Articles 226 and 227 of the Constitution of India are as follows :-

(2.) In this connection, it may be noted that in the affidavit of Shri Kesho Ram, Director of Colonization filed on behalf of the Respondent Nos. 1 to 3, it is averred in a somewhat general manner, that possession of the land in question had been taken, as was clear from the report dated 19.7.1950 A.D. of the Patwari (Annexure R.1) and the report dated 6.9.1950 A.D. (Annexure R.2) of the Tehsildar. Reference has also been made to Annexure R.3, a joint statement, dated Magh 27, 1999 Bk., made by several landowners to the effect, that they had no objection to the acquisition of the land as roads and shops had been constructed by the Government.

(3.) In the replication, the petitioner reiterated that he and his predecessors had continued in uninterrupted possession and enjoyment of the land upto this date, that the petitioner had planted a fruit orchard in this land and sunk a well in 1951. In 1952 the petitioner constructed a residential house on the land in dispute and has been living in it. He filed copies of khasra girdawaris to support his assertion. He further averred that he had been paying the land revenue assessed on the land upto the present date.