Joga Singh & Anr. v. State of Punjab & Ors.

CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present: Mr. P.P.S. Duggall, Advocate, for the petitioner. M.M. KUMAR, J. This petition filed under Article 226 of the Constitution prays for directing the respondents to give land to the petitioners in lieu of the land acquired by the respondent State at the time of construction of Sirhind feeder canal or in the alternative to grant compensation to the petitioner in respect of his acquired land at the market rate along with interest. Brief facts of the case are that in the year 1958/1959 the respondent State acquired the land of the petitioners along with other land owners for construction of Sirhind feeder canal. The acquisition proceedings culminated in the year 1962. It is claimed that at the time of acquiring the land, a policy was framed by the Government to give land to a person whose land was acquired for the aforementioned purpose other than grant of compensation. It has further been submitted that the petitioner and similarly situated persons sent various representations to the concerned authorities raising their claims. However, needful has not been done. C.W.P. No. 1492 of 2008 2 After hearing learned counsel for the petitioners and perusing the record we see no merit in the instant petition and the same is liable to be dismissed. The matter pertains to the acquisition of the year 1958/1959. It is well settled that the period of limitation for filing the suit as per the Limitation Act, 1963, would also apply to the writ petitions, which is three years, as has been opined by a Constitution Bench of Hon’ble the Supreme Court in the case of State of M.P. v. Bhailal Bhai, AIR 1964 SC 1006. In view of above, there is no merit in the instant petition and we have no hesitation to dismiss the same. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE January 31, 2008 Pkapoor