PARDUMAN SINGH 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 he 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 of 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 underneath the superstructures. Compensation for the superstructures was, however, not announced as evaluation thereof had not been received by the Land Acquisition Collector. Copy of the award dated August 3, 1978 is Annexure P-1. A supplementary award dated October 30, 1986, determining compensation for the superstructures was made. This award is Annexure P-2 to the writ petition. It was made part and parcel of the original award dated August 3, 1978.

(2.) It has been alleged that meagre compensation has been granted by the supplementary award and the petitioners have not received it, though notices under Section 12(2) of the Land Acquisition Act were issued requiring them to receive the compensation as assessed by the supplementary award.

(3.) The present writ petition has been filed challenging acquisition proceedings on two grounds, namely, (i) the supplementary award has been made beyond a period of two years of coming into force of 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 would lapse, and (ii) two awards, one fixing the value of the land and second fixing the value of superstructures, could not be made.