Disposed

Dera Tapwala v. State of Punjab & Ors.

Punjab & Haryana HC4 Sept 2014CWP/18207/2014

Case brief

AI extract

What is this about?

Court directed Respondent No.3 to refer the petitioner's application under Section 18 of the Land Acquisition Act supplemented by Section 54 of the Improvement Act to the Land Acquisition Tribunal for determination of adequate compensation within two months.

What did the court decide?

Directed Respondent No.3 to refer the petitioner's application to the Land Acquisition Tribunal for determination of compensation within two months.

Dera Tapwala Vs State of Punjab & Ors. — Landlord and Tenant | Punjab & Haryana HC (2014)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

Civil Writ Petition No.18207of2014(O&M)
 DATE OF DECISION: 04.09.2014

¶3

Dera Tapwala Nihal Dass Baitamam Mahant Sarupa Nand Chela

¶4

Baba Gurbanta Dass …..Petitioner

¶5

versus

¶6

State of Punjab and others

¶7

 .....Respondents

¶8

CORAM:- HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE HARINDER SINGH SIDHU

¶9

Present: Mr. Rajan Bansal, Advocate for the petitioner
..

¶10

ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):

¶11

The land of the petitioner was acquired vide

¶12

notifications dated 26.11.1999 and 22.11.2000 issued under
Sections 36 and 42 of the Punjab Town Improvement Act, 1922 (for
short, “the Improvement Act”) which are equivalent to Sections 4

¶13

and 6 of the Land Acquisition Act, 1894, respectively. The Award
was announced on 20.11.2002.

¶14

 Being dissatisfied with the Award, the petitioner filed

¶15

application under Section 18 of the Land Acquisition Act
supplemented by Section 54 of the Improvement Act for making

¶16

reference to the Land Acquisition Tribunal, Improvement Trust
(District Judge), Bathinda. However, the authorities did not

¶17

PARKASH CHAND 2014.09.04 17:28 I attest to the accuracy and integrity of this document

¶18

CWP-18207-2014

¶19

- 2 -

¶20

refer the case of the petitioner to the Land Acquisition
Tribunal. Thereafter, the petitioner served numerous notices
(approximately six in number), but despite that the petitioner’s
case was not referred to the Tribunal.

¶21

 Learned counsel for the petitioner submits that as the
compensation awarded to the petitioner is highly inadequate, the
petitioner has a statutory right to have his case referred to the
Land Acquisition Tribunal (District Judge) for determination of a
just and reasonable amount of compensation and, therefore, the
same be referred to the Tribunal.

¶22

 After hearing learned counsel for the petitioner and
going through the paper-book of the case, we dispose of this
petition with a direction to respondent No.3 to refer the
application filed by the petitioner under Section 18 of the Land
Acquisition Act supplemented by Section 54 of the Improvement Act
to the Land Acquisition Tribunal, Improvement Trust (District
Judge), Bathinda, for determination of compensation. The
reference be made within a period of two months from the date of
receipt of certified copy of this order.

¶23

Disposed of.

¶24

PARKASH CHAND 2014.09.04 17:28 I attest to the accuracy and integrity of this document

Dera Tapwala v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Dera Tapwala v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harpal Singh & Anr. Vs State of Punjab & Ors.

Nachhattar Singh & Ors. Vs Union of India & Ors.

Balam Khan Vs State of Haryana etc.

Gurpreet Singh @ Teetu Vs State of Punjab and Anr.

Murti Devi Vs State of Haryana & Ors.

Shiv Singh & Ors. Vs U. O. I. & Ors.