Full Judgment Text
IA Nos. 3-4 in CA 4843/2007
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
IA Nos. 3-4 in CIVIL APPEAL NO. 4843 OF 2007
DEVINDER SINGH & ORS. ..... APPELLANTS
VERSUS
STATE OF PUNJAB & ORS. ..... RESPONDENTS
AND
IA Nos. 2-3 in CIVIL APPEAL NO. 4844 OF 2007
SATWANT KAUR & ANR. ..... APPELLANTS
VERSUS
STATE OF PUNJAB & ORS. ..... RESPONDENTS
O R D E R
1. We have heard the learned counsel for the parties
at length.
2. 241 kanals of land was acquired for the benefit
of the applicant. As per the judgment of this Court
th
dated 12 October 2007, the acquisition proceedings qua
all save 35 kanals have been quashed. It is the case
of the applicant that the judgment of this Court should
be confined only to those who had made a challenge to
the land acquisition and not to those who had not come
to Court. This may be the position in law but in the
facts of the case that only a miniscule piece of land
IA Nos. 3-4 in CA 4843/2007
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I.e. 35 kanals is now in the hands of the applicant, we
feel that no clarification needs be given.
Mr. Dhruv Mehta, the learned Senior Advocate for
the applicant has, however, pointed out that to add
insult to injury the State Government while refunding a
sum of Rs.2,57,75,073/- to the applicant had retained a
sum of Rs.44,85,179/- on the ground that this amount
represented the acquisition and departmental charges
and approximately Rs.11,00,000/- towards super
structure charges. We are of the opinion that the
deduction of these amounts is totally unjustified for
the reason that the State Government had issued a
faulty notification for acquisition which has been
quashed by this Court and the beneficiary applicant had
no role to play in its issuance. We, therefore, feel
that the amount of Rs.44,85179/- and Rs.11,00,000/-
should also be refunded to the applicant.
We, accordingly, dispose of the applications
filed by the applicant in the above terms. No order as
to costs.
...... ..................J
[HARJIT SINGH BEDI]
........................J
[CHANDRAMAULI KR. PRASAD]
IA Nos. 3-4 in CA 4843/2007
3
NEW DELHI
JANUARY 11, 2011.