FINANCIAL COMMR.(REV)& SEC.PUNJAB Vs GURKIRPAL SINGH
Bench: B.S. CHAUHAN,V. GOPALA GOWDA
Case number: SLP(C) No.-021780-021780 / 2008
Diary number: 21847 / 2008
Advocates: KULDIP SINGH Vs
KAILASH CHAND
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Non-Reportable IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Special Leave Petition (Civil) No. 21780 of 2008
The Financial Commissioner (Revenue) and Secretary, Punjab & Ors. .... Petitioners
Versus
Gurkirpal Singh .... Respondent With
Special Leave Petition (Civil) No. 12921 of 2010
And
Special Leave Petition (Civil) No.4994 of 2011
J U D G M E N T
Dr. B. S. CHAUHAN, J.
The first petition has been filed against the impugned judgment
and order dated 9.5.2008, passed by the High Court of Punjab &
Haryana at Chandigarh in Writ Petition No.10511 of 2007 by which
the notification dated 23.2.2007 de-notifying the land in exercise of
the power under Section 48 of the Land Acquisition Act, 1894
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(hereinafter referred to as the ‘Act’) has been exercised by the State
and the said order has been quashed.
The subsequent two petitions have been disposed of by the
High Court of Punjab & Haryana in terms of the judgment and order
passed by the said High Court in first petition.
Land was notified under Section 4 of the Act on 8.9.1994.
Section 6 declaration was made on 13.6.1995 and the Award was
made on 7.7.1997. As the award amount was not paid, the “person
interested” approached the High Court by filing writ petitions wherein
directions were issued to release the amount of compensation.
Subsequently, references under Section 18 of the Act were filed.
Some of the references were decided and in the Execution Court an
objection was filed by the State authorities that the land was no longer
required for the purpose it was sought to be acquired for, i.e.,
establishment of court complex as it was to be established at a
different place. Therefore, the execution proceedings were dropped
and certain orders were passed. Subsequently, State authorities
denotified the land so acquired issuing a notification dated 23.2.2007
under Section 48 of the Act.
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We have heard the matter at length and also summoned the
learned Land Acquisition Collector, Dasuya alongwith the original
record. The record was produced before us.
It is a settled legal proposition that once the possession of the
land is taken by the State under Section 16 of the Act, land vests in the
State free from all encumbrances. The State loses its power to de-
notify the same under Section 48 of the Act.
In the instant case, the only question arose as to whether the
possession had been taken or not. The High Court after examining the
facts/record of the case came to the conclusion that the possession had
been taken on 10.7.1997. Mutation had also been made, showing the
land use as for establishment of court complex, Dasuya. Entries in
Rapat Roznamcha dated 10.7.1997 corroborate the same.
We have examined the original record ourselves. There is an
office order issued by the learned Sub Divisional Officer (Land
Acquisition Collector), Dasuya, District Hoshiarpur, addressed to the
Tehsildar, Dasuya, which reads as under:-
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“From
Sub Divisional Officer cum Land Acquisition Collector, Dasuya.
To
The Tehsildar, Dasuya.
Sub: No.375 LAC/dated 7/7/1997, Announcement of Award for Judicial Complex, Dasuya.
In the abovenoted subject, the Award for the acquisition of land for Judicial Complex has been announced on 7.7.1997 in the presence of the land owners. You are requested to take possession of this land in presence of land owner and representative of the Judicial officers. The compensation of crops may be assessed, if any or take consent of the land owners for harvesting the crop at their own level. After taking of possession report may be sent to this office alongwith Rapat Roznamcha within two days. The matter be treated as most urgent.
Sd/- DA/copy of award. Sub Divisional Officers cum
Land Acquisition Collector Dasuya.
xx xx xx xx
No……../LAC/SDA dated /7/97 A copy is forwarded to the Addl. Senior Sub Judge, Dasuya for
information. No……../LAC/SDA dated /7/97 A copy is forwarded to the Distt. & Sessions Judge, Hoshiarpur
for information.
Sd/- Sub Divisional Officers cum Land Acquisition Collector Dasuya.”
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The original record reveal entries of taking over and handing
over the possession containing the signatures of the officers of the
State as well as of the “persons interested” and witnesses which make
it evident that the actual physical possession of the land had been
taken on 10.7.1997.
In view of the above, there is no room for doubt that
possession had been taken on 10.7.1997 and in such a fact-situation it
was not permissible for the State to exercise its power under Section
48 of the Act. No fault can be found with the impugned judgment and
orders
The petitions are devoid of merit and are accordingly
dismissed.
…….…………………………………….J. (DR. B.S. CHAUHAN)
….……………………………………….J. (V. GOPALA GOWDA)
New Delhi; August 5, 2013
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