PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has challenged the demand notices asking him to pay Rs. 71,27,604/ - towards the principal amount and Rs. 47,41,885/ - towards interest upto 11.07.2013, failing which coercive measures are sought to be taken against him under the Punjab Land Revenue Act, 1887. The case set up by the petitioner is that he had purchased 34/72 share to the extent of 09 Kanals 09 Marlas land comprised in Khewat/Khatoni No. 54/60, Khasra No. 14/13 Min (2 -17), 18 Min (7 -4), 22/2(3 -8), 23 min (6 -12), total measuring 20 Kanals 01 Marla, situated in village Jheorheri, Hadbast No. 253, Tehsil and District Mohali, from respondent Nos. 6 to 13, for a sum of Rs. 37,50,000/ - vide sale deed/Vasika No. 1808 dated 01.10.2007, on the basis of which mutation No. 842 was sanctioned in his favour and entry is made in the Jamabandi issued on 20.03.2008. It is alleged that the Government of Punjab issued notification dated 04.02.2008 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") for acquisition of the land situated at village Jheorheri. The land of the petitioner, purchased vide sale deed dated 01.10.2007, was also acquired. After the award was announced, the petitioner was paid Rs. 1,77,53,104/ - as compensation. On 14.05.2013, the Deputy Commissioner, Mohali, summoned the petitioner through SDM, Mohali, and informed him that out of 9 Kanal 9 Marlas of land, 4 Kanals land was already acquired vide notification dated 20.05.1968 issued under Section 6 of the Act for the Indian Air Force and the compensation was paid to the owners, therefore, the amount of Rs. 71,27,604/ - has been paid in excess to the petitioner for the land which was not acquired. The petitioner was asked to return the said amount. It is further averred that due to undue pressure created by the official respondents, the petitioner paid Rs. 21,24,604/ - vide cheque No. 033397 dated 14.05.2013 drawn on the HDFC Bank and undertook to pay a sum of Rs. 50,00,000/ - within a period of 45 days. Thereafter, the petitioner paid Rs. 25,00,000/ - by way of demand draft dated 03.08.2013 and also gave two post dated cheques for Rs. 12,50,000/ - each, one dated 01.09.2013 and the another dated 01.10.2013. The petitioner has alleged that he has been unnecessarily harassed by the official respondents and is being threatened to be proceeded against in terms of provisions of the Punjab Land Revenue Act, 1887, and are illegally demanding the interest of Rs. 47,41,885/ -. Thus, he has prayed for quashing of the demand notices and, in the meantime, staying its operation.

(2.) AFTER going through the petition, since I had a strong hunch that the petitioner is concealing something from the Court, therefore, counsel for the State was orally asked, without issuing notice to him, to produce the record of the acquisition proceedings when the land was acquired in the year 1968 for the Indian Air Force and when it was brought to the notice of the petitioner that he has taken compensation of the land which has already been acquired in the year 1968.

(3.) THE acquired land was owned by one Gurbax Singh S/o Karam Singh S/o Hira Singh, falling in Khasra Nos. 14/13/1 (1 -13), 18/2/1(3 -08), 23/1/1(3 -0), measuring 8 Kanals 01 Maria. After the acquisition of the said land, possession was taken. Gurbax Singh expired on 07.04.1985 and the mutation of inheritance was sanctioned in favour of Ajmer Singh, Ujagar Singh, both sons of Gurbax Singh and Gurmeet Kaur widow, Randhir Singh son and Paramjit Kaur daughter of Gurdayal Singh S/o Gurbax Singh, to the extent of 1/3rd share each vide mutation No. 751 dated 29.11.2002. The legal heirs of Gurbax Singh sold 9 Kanals 09 Marlas of land (including 3 Kanals 16 Marlas of land for which compensation was already received by Gurbax Singh) to the petitioner vide sale deed dated 01.10.2007 against a consideration of Rs. 37,50,000/ -.