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1994 Supreme(SC) 16

KULDIP SINGH, YOGESHWAR DAYAL
Kapur Singh Mistri – Appellant
Versus
Financial Commissioner Arevenue Secretary To Govt. Of Punjab – Respondent


ORDER

1. Executive Officer, Panchayat Samiti, Kotkapura, has filed an affidavit pursuant to this Courts order dated September 21, 1993. The affidavit be taken on record.

2. The Dispute in this appeal relates to a piece of land measuring 611 sq. yards. The Settlement Officer, Jullundur, by his order dated December 9, 1968, decided to sell the land to the appellant by negotiation at assessed price of Rs 6110. The appellant was also directed to pay Rs 1539.05 by way of damages for use and occupation of the said property up to December 1968. Since the appellant was in possession of the property as a displaced person, he was entitled to the purchase of the same in terms of the policy decision of the Government. The appellant agreed to pay the assessed price for the land but so far as the demand for payment of damages was concerned, he challenged the same before the higher authorities. While the matter was under consideration, an area measuring 16 canals 19 marlas including the land in dispute was transferred by the respondents to the Panchayat Samiti, Kotkapura, for a sum of Rs 8814. The appellant challenged the transfer of the land in dispute to the Panchayat Samiti, Kotkapura before the





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