STATE OF PUNJAB Vs. JASWANT SINGH

JUDGEMENT

(1.) The plaintiff-respondent Jaswant Singh sought permanent injunction restraining the defendant-appellants State of Punjab and the Sub-Divisional Officer (Civil) as the Land Acquisition Collector, Gurdaspur, from interfering with his possession over the land measuring 4 kanals comprising in Khasra No. (plot) 195 situated in village Khojepure, Tehsil and District Gurdaspur, as entered in Jamabandi for the year 1972-73, inter alia, on the ground that the land acquisition authorities failed to comply with the mandatory requirement of sub-section (1) of section 9 of the Land Acquisition Act, 1894, hereinafter referred to as the Act.

(2.) The trial Court basing itself on Jhandu Lal Budh Ram v. State of Punjab, 1959 AIR(P&H) 535, held the requirement of sub-section (1) of section 9 as directory and dismissed the suit.

(3.) The appellate Court, following a later decision of this Court in Mani Ram v. State of Punjab, 1975 AIR(P&H) 135, held that the compliance with the provision of section 9(1) of the Act was mandatory and, therefore, decreed the suit and allowed the relief prayed for.