MUNICIPAL CORPORATION LUDHIANA Vs. NASIB SINGH

JUDGEMENT

(1.) This disposes of five R.F.A. Nos. 1115, 1116, 1117, 1119 and 1120 of 1984, preferred by the Municipal Corporation, Ludhiana, for whose benefit the lands of the respondent-landowners have been acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The following facts are not in dispute.

(2.) In pursuance of a notification published by the State Government on 2nd September, 1977, respondent's land was acquired for purposes of the appellant Corporation, i.e., for the extension of the Rose Garden at Ludhiana. The acquisition proceedings were contemplated by the Collector on 16th July, 1979 and possession of the land was delivered to the Corporation on 26th July, 1979. Subsequently the Corporation filed Civil Writ Petition No. 4375 of 1979 Municipal Corporation of Ludhiana V. The Land Acquisition Collector, Ludhiana and others, pleading therein that since the landowners were entitled to a very meager compensation under the provisions of the Urban Land Ceiling (Regulation) Act, 1976, the Corporation be not made to pay compensation under the Land Acquisition Act as determined by the Land Acquisition Collector. The writ petition was disposed of by a Divisional Bench of this Court on 24th April, 1980, with the following observations :-

(3.) Right at the threshold an objection is raised by the respondents that these appeals are also not competent in view of the proviso to sub-section (2) Section 50 of the Act which lays down that no local authority or Company is entitled to demand a reference under Section 18 of the Act.