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1988 Supreme(P&H) 337

I.S.TIWANA
Gurcharan Singh – Appellant
Versus
Punjab State Electricity Board, Patiala – Respondent


Judgment

1. This appeal is directed against the award of the District Court, Ropar, under Sec.30 of the Land Acquisition Act. The undisputed facts are that the State Government acquired 264 kanals and 2 marlas of land (the details of which are contained in Reference No. 16 of June 1, 1981), for the construction of Ropar Thermal Plant. The requisite notification in this regard was published under Sec.4 of the Land Acquisition Act on July 5, 1979. Concededly Bachan Singh, Joginder Singh, Sarup Singh and Raghbir Singh sons of Arjan Singh were the original owners of this land. They sold it in two lots to Tulsi son of Ghanyia Ram somewhere in the year 1959. These sales were pre-empted by Baldev Singh through two civil suits, namely, Nos. 71 and 72 of 1959 and two separate decreed covering the entire land were passed in his favour on Aug. 22, 1960 (Exhibit R.20) and July 18, 1960 (Exhibit R.19). The requisite pre-emption money was deposited by the plaintiff within the stipulated time and thus he perfected his title to the land. Baldev Singh, however, could not take possession of the land prior to its acquisition by executing the decrees referred to earlier. The said land was again sold by









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