IMPORTANT POINT
Land Acquisition – Lapsing of proceedings – Benefits of S.24(2) of 2013 Act is not applicable to acquisition proceedings under Town Improvement Act.

AJAY KUMAR MITTAL, J.

CM No. 2845 of 2016

1. This is an application under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure for impleading the applicant i.e. Improvement Trust, Amritsar as respondent in the main writ petition.

2. Learned counsel for the applicant prays for permission to withdraw the application. Dismissed as withdrawn.

CWP No. 12164 of 2015

3. The petitioner prays for quashing the compulsory acquisition proceedings comprising notice/notification dated 13.5.2005 under section 36 of the Punjab Town Improvement Act, 1922, (in short, “the 1922 Act”) Annexure P.1, notification dated 22/23.5.2006, Annexure P.2 under section 42 of the 1922 Act, Annexure P.2 and award dated 21.5.2008, Annexure P.3. Further prayer has been made for a direction to the respondent authorities to release the land of the petitioner in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, “the 2013 Act”) as the petitioner is in actual physical possession of land and compensation has not been paid.

4. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The Government of Punjab issued notification dated 13.5.2005, Annexure P.1 under section 36 of the 1922 Act proposing to acquire amongst others the land owned and possessed by the petitioner for a public purpose namely the development scheme of 3.03 acre known as “Durgiana Mandir Complex.” The notice under section 36 of the 1922 Act was published in the newspaper on different dates. According to the petitioner, the notice was not published in the provincial language. The petitioner filed objections to the notice on 10.6.2005. Thereafter, notification under section 42 of the 1922 Act which corresponds to section 6 of the Land Acquisition Act, 1894 (in short, “the 1894 Act”) was issued on 22/23.5.2006, Annexure P.2. Award was announced on 21.5.2008, Annexure P.3. According to the petitioner, it is still in actual physical possession of its land although the structures have been demolished and the Amritsar Improvement Trust has been entered as owner in the revenue record. The petitioner filed Civil Miscellaneous application No.12611 of 2013 in CWP No.19548 of 2012 for ex-parte stay of dispossession on the basis of non payment of the compensation amount. This court vide order dated 9.10.2013 ordered to maintain status quo. Further, according to the petitioner, since compensation has not been given and possession is still with it, acquisition proceedings are deemed to have lapsed in view of Section 24(2) of the 2013 Act. Hence the instant writ petition.

5. A written statement has been filed on behalf of respondent No.2 i.e. Land Acquisition Collector-cum-Regional deputy Director, Local Bodies, Improvement Trust Amritsar wherein it has been inter-alia stated that as per the award, the ownership of land is in the names of Akhara Dashnamiya and Akhara Sanyasia and not in the individual name of Mahant Sanjay Gir, i.e. the petitioner. The notice under Section 36 of the 1922 Act was published in the regional language i.e. Punjabi and also National language i.e. Hindi besides English. The Trust had deposited the total amount of award i.e. Rs. 29,42,34,135/- at the disposal of respondent No.2 for disbursement but respondent No.2 did not make the payment to the petitioner in his individual name being not the owner of the land and as per the revenue record, there is no Akhara namely Dashnam Punch Juna Khara Shiv Ganga Mandir, Abadi Durgiana Mandir, Amritsar. However, there was one “Dashnami Akhara Sanyasian” of which Ravi Dutt Giri was recorded as Saparast i.e. representative. The petitioner being only representative, he has no right to sell the land in his individual capacity and use the amount for his personal use. The Deputy Commissioner. Amritsar vide order dated 27.5.2011 constituted a committee of five members i.e. (i) Sub Divisiona