KULBHUSHAN KUMAR AND CO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Would one of the ratios in the Full Bench judgment of Indo Swiss time Limited v. Umrao, AIR 1981 Punj & Hry 213, sill hold the field--is the significant question that has necessitated this reference to the larger Bench.

(2.) To appreciate the aforesaid question in its correct perspective, a some what detailed notice of the faces is called for. M/s Kublhushan Kumar & co.-the writ petitioners, had challenged the acquisition proceedings initiated by a notification (annexure P/3), under S.4 of the Land Acquisition Act. 1894 (hereinafter called 'the Act'), for the public purpose of the expansion of Saluja Spinning and Weaving Mills for the manufacture of cotton yarn, and the subsequent declaration under S. 6 of the Act vide notification (annexure P/5), dt. March 17/18, 1982. Later M/s, Saluja Spinning and weaving Mills Pvt. Ltd for whose benefit the acquisition was to be made, filed the present application under O. 1. R. 10 of Civil P.C. for being impleaded as a respondent in the Civil Writ Petition. This application was opposed on behalf of the writ petitioners. Undoubtedly, the matter was concluded against the applicants be the Full Bench in Indo Swiss Time Ltd.'s ease (supra). This was indeed so noticed by the learned Judges of the referring Bench in the following terms:-

(3.) Inevitably. one must first advert to the true ratio of the Full Bench in Indo Swiss Time Limited's case (supra). Therein after an exhaustive consideration five clear-cut, propositions were bad down. It was unanimously held:-