CHAMAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE dispute in this case relates to 12 marlas of land comprised in Khasra No. 8/1/1 situate in village Chechian, Tehsil and District, Gurdaspur. The case of the petitioners is that they continued to be in actual physical possession of the land till date and entries in the revenue record also continued to be in their name/name of their predecessor-in-interest. The stand of the respondents, on the other hand, is that the land in question was acquired and for the purpose notification under Section 4 of the Land Acquisition Act was issued way back on 27th June, 1974 and notification under Section 6 was issued on October 24, 1974. The land was acquired for resettlement of landless workers of the village. In support of its stand, it has further been stated in the written statement that three persons, namely, Bihari Lal, Gurdial Chand and Mohinderpal were allotted the said land on 5. 5. 1993 or thereabout and sanads with regard to the said allotment have been given to them. In the replication, this fact is controverted and the petitioners assert that they are continuing in possession till date.

(2.) FROM the foregoing facts, it stands established that since October 1974, to May 1993, the land was not put to use for which it was avowedly acquired. This appears to be nothing but an abuse of the powers of acquisition and, therefore, the acquisition must be deemed to have lapsed qua the petitioner. We order accordingly. It will be open to the State Government to take steps to resettle the aforesaid landless persons elsewhere. Since the petitioners have not received any compensation so far, there is no question of making any order for refund of any amount in so far as the petitioners are concerned.

(3.) THE writ petition is disposed of accordingly.