BANTO RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petitions No. 4422 of 1987, 3904, 4421, 4423 to 4427, 4595, 4972 to 4976, 6270 to 6279, 8047 to 8050, 8787, 8788, 8789, 8790, 8791, 8935, 9074, 9080, 10297, 10586, 10595, 10799 and 10800 of 1988, as common questions of law and fact arise in all these cases. We will refer to the facts as given in C.W.P. No. 10800 of 1988 for appreciating the points in controversy arising therein.

(2.) After having heard the learned counsel for the parties at length, we have decided to dispose of all these writ petitions on merits at the motion stage.

(3.) Facts first:- A notice dated August 21, 1970 was issued under sub-section (1) of Section 7 of the Requisitioning and Acquisition of Immovable Property Act, 1952, (for short the Act), by the competent authority to the landowners to show cause why the property mentioned in the schedule appended to the notice be not acquired for the public purpose mentioned therein. After the expiry of the period mentioned in the notice and after considering the cause shown against the said notice, the appropriate authority acquired the land and notification to this effect was published in the Punjab Government Gazette dated September 11, 1970. On November 24, 1988, the petitioners filed writ petition in this Court under Articles 226/227 of the Constitution of India, for seeking a mandate to the respondents to perform the statutory duties enjoined by Section 8(1) of the Act. It will be useful to reproduce Section 8 of the Act for the purpose of appreciating the submissions of the learned counsel for the petitioners :-