GIAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The State of Punjab issued a notification under Sections 4 and 6 of the Land Acquisition Act for acquisition of land for its subsequent allotment to landless workers, namely, the petitioners. The Land Acquisition Collector gave an award (copy Annexure P.1) on January 2, 1976, determining the compensation payable in respect of this land. On February 17, 1976, this land was demarcated on the spot by the Government authority who also took possession of the same from respondent No. 4. Later on this land was allotted to the petitioners vide Annexure P.3 on behalf of the Governor by the Punjab Government. The local Panchayat vide its resolution (copy Annexure P.4) passed on June 9, 1976, handed over the actual possession of the land to the various allottees. On August 11, 1976, however, the State of Punjab in exercise of the powers vested in it under Section 48 of the Land Acquisition Act withdrew the acquisition proceedings. It is submitted that this step was taken for extraneous grounds on an application made by respondent No. 4.

(2.) The grievance made is that after the possession of the land had been given to the petitioners for whose benefit it was acquired it was not open to the State Government to withdraw the acquisition proceedings. Reliance in this connection is placed on Balwant Narayan Bhagde v. M.D. Bhagwat and others, 1975 AIR(SC) 1767 which fully supports the contention raised on behalf of the petitioners. In the circumstances, I quash the notification (Annexure P.5) issued by the State Government under Section 48 of the Land Acquisition Act on August 11, 1976, and hold that the withdrawal of the Government from the acquisition proceedings was illegal. The respondents are also restrained interfering with the possession of the petitioners. They will be entitled to have their costs which are assessed at Rs. 300/-.