SIRI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this Writ petitioner under Articles 226/227 of the Constitution of India, the have, challenged in acquisition proceedings initiated under Section 36 and 41 of the Punjab Town Improvement Act, 1922 (for short '1922 Act') which appeared in the daily Tribune dated 23. 2. 1984, The petitioners 2. 1 number, claimed to be the owners of the land proposed to be developed by Kapufthala Improvement. Trust, Kapurthala (hereinafter referred to as the Trust' ).

(2.) THE relevant facts ate that a notice under Section 36 of 1922 by notices under Section '38 of 1922 Act were issued. of the various 'formalities, under Section 42 purporting to be a declaration under Section 41 of the 1922 Act was published in the Punjab Government Gazette on 20. 2:1987. Before the authority period of two years could expire the Collector made in award on 16. 2 1989. It was at that stage that the petitioners had filed the instant writ petition.

(3.) THIS Court on 14. 3. 1989 while, issuing notice of motion had stayed the dispossession of the petitioners from the land in dispute. The Trust had filed written statement on 18. 7. 1989 and the petition was admitted.