Parties Name v. State of Punjab & Ors.

Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Augustine George Masih PRESENT: Mr. Arun Jain, Sr. Adv., with Mr. Amit Jain, Advocate, for the petitioners. Mr. Manohar Lall, Addl. A.G., Punjab; JASBIR SINGH, J. (oral) JUDGMENT This judgment will dispose of three petitions , i.e., Civil Writ Petitions No. 12154 of 1991, 8898 of`1991 and 8811 of 1996. For facility of dictating judgment facts are being taken from CWP No. 12154 of 1991. In this writ petition, challenge has been laid to a notification issued under Section 4 of the Land Acquisition Act, 1894, (in short the Act) on March 11, 1977 proposing to acquire 3 Acres, 1 Kanal and 14 Marlas of land, for a public purpose, namely, construction of New Mandi Township at Pathankot. Challenge has also been laid to a Notification issued under CIVIL WRIT PETITION NO. 12154 OF 1991 -2- Section 6 of the Act on March 14, 1977. It is necessary to mention here that while issuing above said notifications, provisions of Section 17 of the Act were also invoked. Challenge has also been laid to the Award passed on September 23, 1986. It is apparent from the records that the petitioners earlier also filed a Civil Writ Petition No. 5726 of 1982 with a prayer to quash the notifications issued under Sections 4 and 6. That writ petition was allowed in their favour vide order dated January 31, 1983 and the notifications in question were quashed. The respondent -State went to the Hon'ble Supreme Court and in Civil Appeal No. 2334 of 1986, vide order dated March 6, 1987, judgment, passed by the High Court, was quashed and the acquisition was upheld. Concluding portion of the judgment, passed by the Supreme Court, reads thus: “That the judgment and order dated 31st January, 1983 of the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 5726 of 1982 be and is hereby set aside and in place thereof an order dismissing the above mentioned Writ Petition filed in the Punjab and Haryana High Court be and is hereby substituted;

That the parties herein shall bear their own costs of the said appeal in this Court.

That the order of this court dated 10th December, 1986 passed in the civil miscellaneous petition No. 14226 of 1983 in the said appeal directing the maintenance of status quo, be and is hereby vacated. Hence the Hon'ble Supreme Court has CIVIL WRIT PETITION NO. 12154 OF 1991 -3- already adjudicated the matter in view of the respondents. Question to release the land at this stage does not arise.” When the matter was pending before the Supreme Court, Award was passed on September 23, 1986. The petitioners thereafter kept mum and filed this writ petition only in the year 1991 to lay challenge to the above said notifications and the Award. It is primary grievance of the petitioners that the Award was passed only with regard to land and nothing was provided therein so far as super-structures are concerned. Be that as it may, in view of the judgment of the Hon'ble Supreme Court in Mohanji and another v.