AKHARA SHRI BRAHAM BUTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Akhara Shri Braham Buta, Amritsar, is the common writ petitioner in these two writ petitions, Nos. 8539 and 8653 of 1988.

(2.) Challenge has been made in both these petitions to a notification dated August 25, 1988, issued under Section 4 of the Land Acquisition Act, 1894 invoking the provisions of urgency under Section 17(1) of the said Act, withdrawing application of Section 5-A in relation to the acquisition. The properties specified to be acquired, so far as they relate to the petitioner, are a Mandir Shivji and a building of the Akhara Shri Braham Buta in the occupation of Mahant Ravinder Dass. The areas of these two properties are 85.00 and 2565.45 square yards respectively.

(3.) That the petitioner is a religious and charitable institution styled as a Trust is beyond dispute. Being a juristic person it has to act through live persons. Civil Writ Petition No. 8539 of 1988 has been filed by the institution through Mahant Ravinder Dass who is shown in the challenged notification to be in occupation of the building of the institution. Civil Writ Petition No. 8653 of 1988 has been preferred by the institution through Mehant Sant Sarup. Stately both are at loggerheads in the Civil Court about their managerial rights over the institution and the properties sought to be acquired. In anticipation of filing these petitions, the State of Punjab and the Municipal Corporation Amritsar, had entered caveats. Treating these matters as one, as it should be, we heard bath the counsel for the petitioner in the respective two cases and the Advocate-General, Punjab.