RAJINDERJIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A strip of land adjoining bus stand of Punjab Roadways, Ludhiana is the bone of contention between the parties for nearly a decade. This writ petition has been filed to challenge the acquisition thereof under the provisions of Land Acquisition Act (for short 'the Act'). By award dt. Mar. 27, 1984, the land is said to have vested in the State of Punjab, respondent 1 for the benefit of the Punjab Roadways, respondent 2. The same has been done on the premises that the land belonged to Keshab Chander, respondent No. 4.

(2.) The case precisely of the petitioner is that the land in dispute bearing Khasra No. 132/2 was initially an evacuee property but was in their possession for nearly three decades. The said land was transferred by the Rehabilitation Department in favour of Keshab Chander, respondent 4. Apprehensive that they would be dispossessed from the land in dispute, they took recourse to law and thus on Mar. 19, 1977 instituted a civil suit in the Court of Shri S.K. Chopra, Sub Judge 1st Class, Ludhiana against the Punjab Roadways, respondent 2 and Keshab Chander, respondent No. 4. That suit was decided on Sept. 27, 1977 on the statements of the parties. The defendants therein conceded that the then plaintiffs (the present petitioners) were in possession of the land in dispute and they would not be dispossessed otherwise than in due course of law. The Court then dismissed the suit as having become infructuous refusing the discretionary relief of injunction.

(3.) It appears that at that time the petitioners had temporary structures in the form of khokhas etc. at the site. These were, on or about Sept. 26, 1980 demolished by the Punjab Roadways with the aid and help of Senior Officers of the District by means of buses crushing them down under their wheels. The petitioners filed in this Court Civil Original Contempt petition No. 186 of 1980 against the General Manager, Punjab Roadways, Ludhiana the Deputy Commissioner, Ludhiana, the Senior Superintendent of Police, Ludhiana and against a Commissioner of Municipal Corporation, Ludhiana. Rule was issued against the respondents. The file was flooded with averments and counter-averments supported by judgement of Civil Court referred to above and other documents. At one stage, the Hon'ble single Judge dealing with the matter on Aug. 27, 1981 ordered presence of the contemners so that the case could be decided in their presence. Then on Sept. 4, 1981 on the application of the Govt. Pleader, the order was recalled with regard to the Deputy Commissioner, Ludhiana; and the Senior Superintendent of Police, Ludhiana but it remained intact regarding the other two contemners. Finally, on Oct. 14, 1981, the following order was passed by the Hon'ble single Judge seemingly in the presence of two contemners :