STATE OF PUNJAB Vs. JAGJIT SINGH

JUDGEMENT

(1.) THE present appeal under Clause X of the Letters Patent is directed against the judgment dated 4.3.1994 passed by the learned Single Judge whereby the writ petition filed by the respondents challenging the acquisition of their land was allowed.

(2.) THE brief facts out of which present appeal arises is that land measuring 693 Kanals 7 Marlas situated in village Jamalpur Awana, originally entered in the name Gram Panchayat, was allotted to Yusaf and Ali sons of Darda as evacuee land vide letter of allotment dated 18.12.1969. Another area measuring 239 Kanals 10 Marlas situated in village Kuliwal was also allotted to aforesaid Yusuf and Ali. Thus, they were owners of land measuring 932 Kanals 17 Marlas. Said Yusaf and Ali sold (i) land measuring 94 Kanals 11 Marlas to petitioner No. 2 vide registered sale-deed dated 5.11.1971; (ii) land measuring 141 Kanals 4 Marlas to Atamdev Singh, now represented by petitioner Nos. 3 to 6, vide registered sale-deed dated 5.11.1971; and (iii) leased 157/933 share to petitioner No. 1 for a period of 20 years vide registered lease-deed dated 28.4.1971. The State Government published notification dated 25.1.1978 in the Extraordinary Gazette dated 3.2.1978 under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as "the Act") intending to acquire 425 Kanslas 17 Marlas including land measuring 116 Kanals 15 Marlas owned by the petitioners, as well as notification under Section 6 of the Act in Extraordinary Gazette dated 3.2.1978 for the construction of New District Jail, Ludhiana.

(3.) IN the written statement filed by the Land Acquisition Collector, Ludhiana, the possession of the petitioners over the land, subject matter of acquisition, was denied. It was alleged that the land is under the possession of Jail Department. It was also pointed out that 1979 Instructions have been withdrawn vide letter dated 1/55/78-LR(i)/4177 dated 3.3.1980 and, therefore, the plea put forward by the petitioners has become infructuous. In the separate written statement filed on behalf of Inspector General of prisons, it was pointed out that compensation amounting to Rs. 5,25,907.53 was deposited with the Land Acquisition Collector vide cheque dated 22.8.1980 but the writ petition has been filed in 1984 which is liable to be dismissed on the ground of laches. Still further, land was claimed to be in possession of the Prisons Department w.e.f. 20.3.1978 vide report No. 224 Rojnamcha Patwari for the year 1977-78.