GURMIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) By this order, we shall dispose of, CWP No. 14698 of 2007 and CWP No. 9974 of 2006 raising identical question of laws and facts regarding acquisition of land. For the facility of reference, the facts are being taken up from CWP No. 14698 of 2007 wherein the challenge is to the acquisition of land initiated vide notification dated 07.03.1979 under Sec. 4 of the Land Acquisition Act, 1894 (for short 'the Act') followed by a declaration dated 19.10.1979 under Sec. 6 of the Act for acquiring the land for construction of New Mandi Township at Phagwara. Award in pursuance of such notification was announced on 01.10.1982.

(2.) The petitioner challenged the acquisition proceedings before this Court by filing CWP No. 4675 of 1982 but the writ petition was dismissed on 10.12.1982. However, the Civil Appeal Nos. 2375 -83 of 1986 titled State of Punjab and others v/s. Chanan Singh and others, before Hon'ble Supreme Court was disposed of when the following order was passed: -

(3.) Even though the writ petition was dismissed on merits but in respect of the present land -owners there was a direction to consider as to whether the area on which the building has been constructed may be withdrawn from acquisition. It is thereafter, the State Government did not pass any order considering the construction raised except to state in the written statement filed that representation of the petitioner stands rejected vide order dated 21.08.2007. The said order has not even been appended with the reply.