The court emphasized that public interest litigation should be used for genuine public wrong or public injury and not for personal gain, private motive, or political motivation.

ORDER

Jaswant Singh, J. - The present petition has been preferred by petitioners in public interest with a prayer that criminal action and inquiry be ordered against the respondents on the ground that the land of respondent No. 15 and his family members, situated at Guruharsahai District Ferozpur has been mischievously acquired by the respondent - Government of Punjab in the year 2012, even though it allegedly already stood acquired and compensation paid in the year 1962. It is allege that respondent No. 15 is well placed in political circles of the State of Punjab and the aforesaid acquisition has been intentionally done to cause undue benefit to him and his family members.

2. In brief the case set up by the petitioners is that on 31.01.1962, State of Punjab had issued notification under Section 4 and 6 of the Land Acquisition Act, 1894 intending to acquire chunks of land in Khasra No. 116 and 117, Guruharsahai District Ferozepur. (Though it is not understood how both notifications could be issued on the same date). The petitioner submit that award dated 22.03.1962 was passed for aforesaid land (though no copy of the said award has been placed on record). Subsequently, respondent No. 15 filed a Civil Suit titled as "Gurmit Singh V/s State of Punjab and others" before the Ld. Civil Court, Ferozpur seeking possession of its land measuring 69 Kanal 3 Maria at Village Mohan Ke Uttar, Ferozpur on the ground that the plaintiff continues to be the owner of the said land whereas the State of Punjab without lawfully acquiring the same had utilized the same land for common purposes. The said suit was decreed vide judgment and decree dated 18.04.2006, whereby though relief of possession was declined but the State of Punjab was permitted to initiate action in accordance with law regarding acquisition of land of the plaintiff therein / respondent No. 15 herein. State of Punjab unsuccessfully contested the same in Appeal No. 87 of 20.05.2006 which was dismissed on 05.10.2007 (Annexure P-15) by the Ld. Additional District Judge, Ferozpur.

3. Subsequently, one of the co-owners alongwith respondent No. 15 submitted representation to the State of Punjab being aggrieved of the action of State of Punjab in utilizing his land without having lawfully acquired the same. This led to the State of Punjab passing an award dated 06.06.2012 vide which the lands of respondent No. 15 and other co-sharers were acquired. Compensation pursuant to same was paid on 24.07.2014 (as is evident from Annexure P-21). Respondent No 15 and other co-sharers applied under Section 18(1) read with 31(2) of the Land Acquisition Act, 1894 before the Ld. Additional District Judge, Ferozpur for enhancement.

Vide order dated 26.11.2015 (Annexure P-21) it was noticed that since compensation has been paid by the State of Punjab after coming into force of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, therefore it be re-determined and be paid in accordance with the same.

4. State of Punjab aggrieved against the same preferred Civil Revision No 7218 of 2017 which was dismissed by this Court on 31.10.2017 (Annexure P-22). Still aggrieved State of Punjab preferred SLP No. 28102/2012 which was dismissed on 03.05.2019 (Annexure P-23).

5. On account of non-compliance of the order of Ld. Additional District Judge dated 26.11.2015 (P-21), respondent No 15 and the other co-sharers approached this Court by filing Contempt Petition bearing COCP No. 883 of 2018, in which vide order dated 17.12.2020 (Annexure P-26) this Court directed the State of Punjab to disburse the compensation to the petitioner therein. Aggrieved against the same, State of Punjab preferred LPA No. 126 of 2021 in which vide order dated 09.02.2021, disbursement of compensation has been stayed, on the ground that a review application has been filed by the State of Punjab before the Hon'ble Supreme Court which is yet to be listed.

6. We have been informed that State