SAT PAL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Government vide notification dated January 7, 1971 (P.1) issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter the Act) acquired land for the development of Urban Estate, Phase II, on Patiala- Rajpura Road, near the Punjabi University, Patiala. The petitioner had purchased a plot in the said land before notification P. 1 was issued. The Collector gave the award dated March 29, 1971, with respect to the acquired area. In this award the Collector took notice of the decision of the Government for allotment of plots to the persons like the petitioner by way of compensation. The relevant part of the award dealing with this point reads:

(2.) The case of the petitioner is that he applied for the allotment of a plot in terms of the award of the Collector by way of compensation. Having failed to secure the allotment of a plot he has filed the present writ praying for a mandamus that the respondents be directed to allot a plot to him in terms of the award dated March 29, 1971.

(3.) The learned counsel for the petitioner has argued that the decision of the Land Acquisition Collector as contained in the award dated March 29, 1971, relating to the allotment of a plot to the petitioner is binding on the respondents with the result that the petitioner is entitled to the allotment of a plot by way of compensation for his plot which has since been acquired vide notification P.1. The contention of the learned counsel for the petitioner is correct.