RAJ RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Amritsar Improvement 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 notified under Section 42 of the Act in the Punjab Government Gazette dated May 27, 1977, Notification under Section 42 of the Act has the same effect as a notification under Section 6 of the Land Acquisition Act. Award in respect of the land covered by the scheme was announced on August 3, 1978 including the land under the petrol pump i. e the land in dispute in this petition. Compensation for the superstructures was, however not announced as evaluation thereof had not been received by the Land Acquisition Collector. A supplementary award dated October 30, 1986, determining compensation for the superstructures standing on the land in question was made. This supplementary award was made part and parcel of the original award dated August 3, 1978.

(2.) COMPENSATION assessed for the land involved in this petition as also for the superstructures standing thereon, has either not been paid or received by the petitioner though notices under Section 12 (2) of the Land Acquisition Act were issued requiring her to receive the compensation as assessed by the supplementary award.

(3.) THIS writ petition has been filed challenging the acquisition proceedings on two grounds, namely, (i) the supplementary award has been made beyond a period of two years of coming into force the provisions of Section 11-A of the Land Acquisition Act, as inserted by Central Act 68 of 1984 and thereby the entire acquisition proceedings have lapsed and, (ii) two awards, one fixing the value of the land and second fixing the value of superstructures, could not be made.