BACHITTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Land belonging to the petitioners was acquired by the State Government under the land Acquisition Act, 1894 (hereinafter referred to as the Act). Notification under Section 4 of the Act was issued on 2.5.1977 whereas notification under Section 6 of the Act was issued on 25.10.1977. Petitioners were issued notice under Section 9 of the Act on 26.12.1977. Despite notifications under Sections 4 and 6 and 6 of the Act as also issuance of notice under Section 9 of the Act, no award was given by the Land Acquisition Collector (for short the Collector) and that led to the filing of the petition in the year 1982. On September 13, 1982, a division Bench of this Court allowed the writ petition in view of Full Bench judgment of this court in Radhey Sham Gupta v. State of Haryana and others, 1984 RRR 493, (Civil Writ Petition No. 3755 of 1981 decided on 4.8.1982). Consequently, notification under Sections 4 and 6 and notices so far as the they relate to the petitioners, were quashed. State of Haryana filed S.L.P.(C) No. 2831 of 1983 in the Supreme Court. The judgment of the High Court was set aside by the Supreme Court as decision in Radhey Sham Gupta's case had been disapproved in several cases. However, the matter was remanded to the High Court as the counsel for the petitioner before the Supreme Court stated that there are other several important grounds to support the prayer for quashing the land acquisition proceedings. It was also claimed that the respondents are also entitled to rely on certain relevant subsequent events.

(2.) Petitioners have filed amended writ petition and in paragraph 8 thereof have taken fresh grounds and have given details of subsequent events. According to the petitioners, land which was acquired at the time of acquisition, was agricultural but now has been put into residential use. Houses have already been constructed. Some land has been brought under orchard. It has been stated that at the time when the land was acquired price of the land was nearly Rs. 30,000/- per acre but now it is more than Rs. 60,000/- per acre. Further, according to the petitioners, no Award till date has been given. The land which was acquired at the time of the acquisition was outside the municipal limits but now the same has come within municipal limits of Abohar. It has also been averred in the petition that possession continues to be with the petitioners and other land-owners.

(3.) The matter was remanded by Supreme Court on 22.2.1991. Amended writ petition was filed on 8.1.1992. Case is on the regular list for quite sometime but the State has not cared to file any reply to the averments made in the amended writ petition.