High Courts(1993) 04 P&H CK 0044

Harbans Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 30 April 1993 · Citation: (1993) PLJ 372 : (1993) 2 RRR 629

HON’BLE JUDGES
M.R.Agnihotri, J
CASE NUMBER
Civil Writ Petition No. 3943 of 1981 and Civil Miscellaneous A. No. 2318 of 1993

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Judgment

8 paragraphs · 204 words

M.R. Agnihotri, J. (Oral)

1.

After hearing the learned counsel for the parties, I find that this case is squarely covered by the Full Bench judgment of this Court reported as Naranjan Singh v. The State of Punjab, 1985 PLJ 215 : 1986 R.R.R. 534, therein it was held as under :

"Once the Collector makes his award under section 11 of the Act and takes possession of the land, two consequences follow, i.e.,

(i) the acquired land absolutely vests in the Government, and

(ii) such vesting is free from all encumbrances. In other words, with the taking of the possession by the Government the title of the land acquired completely passes to the State."

In the present case, also, possession of the land in dispute had been taken as far back as 1981, that is, positively before the filing of the writ petition on 27th August, 1981, and that is why the Division Bench at the time of admitting the writ petition issued the following interim direction :

"Any construction raised by the respondents shall be at their own risk and shall be subject to the decision of this writ petition.

Consequently, the writ petition is dismissed with no order as to costs.