JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Yusaf and Ali sons of Badra owned certain land in Patiala which was erroneously declared as evacuee property. Some part of this land was subsequently restored to them and the other part could not be restored because in the meantime, the same was allotted to displaced persons. Alternate land out of the evacuee pool was offered to them in lieu of the remaining land which offer they accepted. As a result of this arrangement, land measuring 11-2st. acres in village Kulliawal and land measuring 32-1-1/4 st acres in village Jamalpur Awana, Teh. & Distt. Ludhiana was allotted to them. The rights in respect of both these allotments were given to them on 28.12.1969. Mutations to this effect were also sanctioned. In the present writ petition petitioners arc the persons to whom Yusaf and Ali leased out and transferred the land situated in villages Kulliawal and Jamalpur Awana, Tehsil and District Ludhiana.

(2.) The State of Punjab vide its notification dated 25.1.1978 acquired 425 kanals 17 marlas of land for the purpose of constructing a new Central Jail at Ludhiana. Out of the acquired land, land measuring 116 kanals 15 marlas was the one which was originally allotted to Yusaf and Ali and was subsequently transferred in favour of the petitioners who are transferees and lessees from Yusaf and Ali. Petitioners in this writ petition, are challenging the acquisition on the ground that on 28.12.1979, the State Government through the Joint Secretary to Government, Punjab, Revenue Department, issued directions to all the Deputy Commissioners in the State of Punjab vide letter No. 1455/78-LR (i) 26008 dated 28.12.1979 that in case possession of land acquired Under Section 6 of the Land Acquisition Act (in short, the Act) was not taken within one year after the issuance of notification Under Section 6 of the Act, the notification would be deemed to have lapsed. According to the petitioners, the Land Acquisition Authorities never took possession of the acquired land and the petitioners continue to be in possession thereof. In view of the instructions of the State Government, coupled with the fact that possession of the land had not been taken by the Authorities concerned notifications Under Sections 4 and 6 of the Act lapsed and became effective and void after the expiry of one year from the date of publication.

(3.) Written statements were filed on behalf of respondents No. 1 to 4 as well as on behalf of the Inspector General of Prisons, Punjab. In both the written Statements the case of the respondents is, that the petitioners are not the owners of the land acquired as the land stands acquired in the name of Gram Panchayat; that instructions dated 28.12.1979 were withdrawn vide subsequent Punjab Government instructions dated 3.3.1980 and the plea put forth by the petitioners that notification Under Sections 4 and 6 of the Act has lapsed, has become infructuous.