STATE OF PUNJAB Vs. SUDHIR KUMAR DHINGRA

JUDGEMENT

(1.) The State of Punjab has filed this appeal under clause 10 of the Letters Patent against the judgment and order of a learned Single Judge of the Court dated November 19, 1976, by which C.W.P. No. 3465 of 1973 filed by the respondents was allowed.

(2.) The learned Single Judge allowed the petition on the basis of the judgment of this Court in Dilawar Singh and others v. The State of Punjab and another, C.W.P. No. 2736 of 1973, decided on March 4, 1974. At the time of the motion hearing, it was brought to the notice of the Bench that the judgment in Dilawar Singh's case had been over-ruled by a Division Bench of this Court in Tara Singh v. State of Punjab and others, C.W.P. No. 1542 of 1974, decided on September 14, 1976, with the result that the letters patent appeal was admitted.

(3.) At the time of hearing Mr. Anand Swarup, Senior Advocate, learned counsel appearing for the respondents, contended that the Division Bench judgment in Tara Singh's case did not lay down the correct law and deserved to be re-considered. However, he, in the alternative submitted that it may not be necessary to go into this question as he would be in a position to support the judgment of the learned Single Judge on another ground. According to the learned counsel, the State, in the instant case, has failed to show that the urgency was of such a nature that it could not brook the delay in resorting to the provisions of Section 5-A of the Land Acquisition Act and that it had become absolutely necessary to invoke the urgency provisions.