S HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The State of Punjab issued a notification dated 9.11.1979, Under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). The total area of the land defined in the aforesaid notification measured is 53 acres, 2 Kanals and 15 Marias. The land of the petitioners also falls within the ambit of the aforesaid area. A declaratory notification Under Section 6 of the Act, was issued on 8.3.1980. Notices Under Section 9 of the Act had been issued pursuant to which the petitioners were required to file their clarifications. In compliance thereof, the claims had been duly submitted in regard to the land measuring 13 acres (113 Kanals 12 Marias) belonging to the petitioners. The award dated June 16, 1987, was announced by the Land Acquisition Collector, copy Annexure P3. It has been averred in the award that the possession of the land had been taken on the date of the award dated June 16, 1982. The petitioners have contested this averment and have stated that the physical possession had not been taken as the same continues to be with the petitioners. It has also been averred that the award was never pronounced in the presence of the petitioners. It has also been averred that the award was not made on June 16, 1982, in fact was prepared on 9.2.1983, the endorsement forwarding the same to the District Collector, Ludhiana is shown to have been made on the aforestated date. It has been fairly admitted that the reference has been sought by the petitioners Under Section 18 of the Act but they have not received any compensation so far.

(2.) Notice had been issued by the Tehsildar exercising the powers of Collector Grade- 11, Ludhiana, for recovery of arrears of Rs. 25,900/-. However, individual recoveries had also been indicated to the petitioners and that on such sample notice has been appended as Annexure P4.This notice has been made the subject matter of challenge in the present petition and also the notification Under Section 4 and 6 of the Act, copy annexures P1 and P2.

(3.) Notice of motion was issued vide order dated May 4, 1984 and the recovery had been stayed till further orders. However, subsequently learned Single Judge modified the order vide order dated December 3, 1993, by passing the following order: