Tejinder Singh and Others vs Collector, Land Acquisition, Govt. of Punjab and Others

L.N. Mittal, J.—Plaintiffs no. 2 to 5 have filed this revision petition under Article 227 of the Constitution of India assailing judgment dated 30.08.2013 Annexure P-2 passed by the lower Appellate Court. Petitioners and proforma respondents no. 2 and 3 along with Mohinder Kaur, since deceased, have filed suit against respondent no. 1/defendant no. 1 Collector, Land Acquisition, and against Secretary, Punjab Mandi Board, Chairman and Secretary, Market Committee, Sahnewal as defendants no. 2 to 4 (not party to the instant revision petition or to appeal in the lower Appellate Court). Case of the plaintiffs is that part of their land was acquired for establishing grain market at Sahnewal whereas part of their land was left unacquired. Grievance of the plaintiff is that no passage has been left for unacquired land of the plaintiffs. Accordingly, plaintiffs have sought declaration that they are entitled to passage to their unacquired land. The plaintiffs have also sought mandatory injunction directing the defendants to give passage for their unacquired land. Plaintiffs have also claimed permanent injunction restraining the defendants from raising any wall and from blocking the alleged passage for their unacquired land. Temporary injunction to the same effect was also claimed by the plaintiffs during the pendency of the suit.

Defendants resisted the suit and the application for temporary injunction and inter alia pleaded that the defendants have right to use the acquired land in any manner. It was also pleaded that no passage has been acquired by the defendants.

Learned trial Court vide order dated 19.09.2008 Annexure P- 1 granted temporary injunction to the plaintiffs and restrained the defendants from raising any wall and blocking passage to the unacquired land of the plaintiffs till disposal of the suit. However, appeal against the said order preferred by defendant no. 1 has been allowed by learned lower Appellate Court vide judgment Annexure P-2 which is under challenge in this revision petition at the hands of plaintiffs no. 2 to 5.

I have heard counsel for the petitioners and perused the case file.

Counsel for the petitioners contended with great vehemence that there is no passage left for unacquired land of the plaintiffs and therefore, defendants should be restrained from raising wall or blocking the passage to unacquired land of the plaintiffs.

I have carefully considered the matter. The aforesaid contention cannot be accepted because the acquired land vests in the defendants, free from all encumbrances. Consequently, defendants are entitled to use the acquired land in any manner they like. Plaintiffs have no right to injunct the defendants from raising wall around the acquired land. If the plaintiffs were to be left with no passage for their unacquired land, they should have raised objection in this regard during the acquisition proceedings of their remaining land. However, counsel for the petitioners stated that he is not aware if any such objections were filed or not during acquisition proceedings. Be that as it may, the acquisition proceedings have attained finality and therefore, plaintiffs have no right in the acquired land. In the aforesaid circumstances, the plaintiffs are not entitled to temporary injunction asked for. They have failed to make out the necessary ingredients of prima facie case, balance of convenience and irreparable loss and injury for the grant of temporary injunction. Lower Appellate Court has rightly declined to grant temporary injunction to the plaintiffs. There is no perversity, illegality or jurisdictional error in impugned judgment of the lower Appellate Court so as to call for interference by this Court in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. The revision petition is meritless and is accordingly dismissed in limine. However, nothing in this order shall be construed as expression of opinion on merits of the suit. This order shall also not be a bar to the defendants in granting any relief to the plaintiffs.