AMARJIT SINGH & ORS. versus STATE OF PUNJAB & ORS.

AMARJIT SINGH & ORS. versus STATE OF PUNJAB & ORS.

The exemption notification dated 10.02.2004 issued under Section 178(2) of the 1995 Act does not suffer from any legal infirmity. The acquisition is not rendered invalid by non-compliance with the Act, the absence of rehabilitation measures does not invalidate the acquisition, and the Land Pooling Scheme is prospective and cannot be applied to completed acquisitions. Compensation under the Land Acquisition Act is adequate and rehabilitation is not legally required.

Parties
Appellant: Amarjit Singh & Ors.; Respondent: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
29 September 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Exemption Notification, Urban Development, Rehabilitation Measures, Land Pooling Scheme, Compensation
Constitutional Law Land Acquisition Town Planning Exemption Notification Urban Development Rehabilitation Measures Land Pooling Scheme Compensation

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Parties

Amarjit Singh & Ors.

Appellant

State of Punjab & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether exemption of land under acquisition from provisions of Section 14 and Chapters VIII, X and XII of Punjab Regional and Town Planning and Development Act, 1995, in terms of notification dated 10.02.2004 issued under Section 178(2) suffers from any legal infirmity
  2. 2 Whether the acquisition is rendered bad for non-compliance with provisions of the Act
  3. 3 Whether absence of any rehabilitation measures renders the acquisition legally bad

Ratio Decidendi

The exemption notification dated 10.02.2004 issued under Section 178(2) of the 1995 Act does not suffer from any legal infirmity. The acquisition is not rendered invalid by non-compliance with the Act, the absence of rehabilitation measures does not invalidate the acquisition, and the Land Pooling Scheme is prospective and cannot be applied to completed acquisitions. Compensation under the Land Acquisition Act is adequate and rehabilitation is not legally required.

Court Disposition

Appeals dismissed

Orders

  • If the appellants make applications under Section 18 of the Land Acquisition Act within six weeks, the Collector shall make a reference to the competent Civil Court for determination of compensation. The Reference Court shall expedite disposal of the same. No costs.