INDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Amritsar Improvement Trust (for short the Trust) framed a development scheme known as the Truck Stand Development Scheme, under Section 24 read with Section 28 of the Punjab Town Improvement Act, 1922 (for short the Act) proposing to acquire about 135 acres of land. Notice under Section 36 of the Act was published on May 11, 1974. The scheme was sanctioned by the State Government under Section 41 of the Act and was notified under Section 42 of the Act in the Punjab Government Gazette dated May 27, 1977. Award in respect of land covered by the scheme was announced on August 3, 1978. Compensation for superstructure was, however, not announced and evaluation thereof had not been received by the Land Acquisition Collector. A supplementary award dated October 30, 1986 for compensation of the superstructures was made. The supplementary award was made part and parcel of the original award dated August 3, 1978.

(2.) The petitioners alleged that in pursuance of the supplementary award Annexure P-2, they had been issued notices under Section 12(2) and 31(1) of the Land Acquisition Act whereby they were required to receive compensation as assessed by the Land Acquisition Collector, which, though inadequate, was received by them under protest.

(3.) The petitioners have filed the present writ petition in January, 1987 wherein challenge has been made to the acquisition of land by the Improvement Trust. It has been alleged that the award as envisaged by Section 11-A of the Land Acquisition Act has not been made within a period of two years from the date of publication of the declaration. Section 11-A provides that the Collector shall make an award under Section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse. Section 11 -A was brought on the statute book with effect from September 24, 1984 by Central Act 68 of 1984. Proviso to Section 11-A provides that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made within a period of two years from such commencement. In the present case, notification under Section 42 of the Act was published on May 27, 1977 and the award thus, could be made on or before September 24, 1986. Admittedly the supplementary award in this case had been made on October 30, 1986 though relating to superstructures only.