GURMAIL SINGH Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) IN this writ petition the petitioners are challenging the acquisition of their land under the provisions of Punjab Town Improvement Trust Act, 1922.

(2.) THE Ludhiana Improvement Trust framed a scheme under the provisions of Section 28 (2)read with Section 24 of the Act for development of an area of 32 acres including the land of the petitioners of an extent of 24 Kanals 5 Marias. The notification for acquisition of the land was issued on 10th September 1974. Notice Under Section 38 of the said Act was issued on 12th September, 1974. Objections were filed on 14th November, 1974. Thereafter nothing has been done by the Improvement Trust till 1977. On 16th May 1977, the Government approved the Scheme under the provisions of Section 41 of the Act. Thereafter, no steps have been taken by the improvement Trust to take possession of the land till 1982. No award determining the compensation was also passed. On 21st August, 1982, a notice was issued Under Section 9 (3) of the Land Acquisition Act but the Trust has not taken possession of the land even after the issuance of the notice on 21st August, 1982. Thereafter, the petitioners filed this writ petition No. 3787 of 1982 challenging the acquisition proceedings. By an interim order, dated 24th February 1983, a stay of dispossession was granted in favour of the petitioners.

(3.) THE learned counsel for the petitioners relied upon the instructions issued by the State of Punjab on 28th December, 1979. Under the said instructions the land sought to be acquired has to be taken in possession within one year from the date of issue of the notification Under Section 6 of the Land Acquisition Act, 1984. It is also stated therein that if the possession of the land is not taken within one year after the issue of notification Under Section 6, the same would be deemed to have lapsed. A Full bench of this Court in Radhey Sham Gupta and Ors. v. State of Haryana and Ors. , (1982)84 P. L. R. 743 (F. B.), held that the unexplained inordinate delay in finalising the acquisition proceedings will make the proceedings lapsed.