HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Jalandhar Improvement Trust, Jalandhar framed a development scheme under Sections 24 and 28 of the Punjab Town Improvement Act, 1922 (for short the Act for an area measuring approximately 13.37 acres adjoining the development scheme of 110 acres adjoining the development scheme of 110 acres on the East of Nakodar Road, Jalandhar. Notice dated September 17, 1976 of the scheme, under Section 36 of the Act was published in the Punjab Government Gazette on November 5, 1976, inviting objections to the said scheme. The scheme was sanctioned and notified vide notification dated September 18, 1979 under Section 42 of the Act which has the same effect as a declaration by the State Government under Section 6 of the Land Acquisition Act.

(2.) Land Acquisition Collector gave an award dated June 25, 1981 for the land acquired but excluding the land falling in Khasra No. 3267 as it belonged to the Central Government. The land Acquisition Collector, Jalandhar Improvement Trust announced a supplementary award dated September 22, 1986, Annexure P9 in respect of land fall in Khasra No. 3267 which was earlier excluded from the purview of the main award of 1981. The compensation of the acquired land including the one falling in Khasra No. 3267, was distributed to the persons interested. Compensation in respect of land falling in Khasra No. 3267 was paid to one Darshan Lal who was recorded to be in possession thereof.

(3.) The petitioners herein have challenged the acquisition of land by the Trust on the ground that they were in occupation of land bearing Khasra No. 3267, which formed part of the scheme, but were never served with any notice in any way about the proposed acquisition or for the purpose of carrying out the scheme. They further alleged that they were never given any opportunity to file any objection against the acquisition. They also alleged that they being the occupiers of their respective plots and having constructed the houses thereon, were the persons interested of claiming share of compensation, irrespective of the fact that the land was owned by the Central Government.