This companytention found favour with the learned Single Judge and the numberice and award were quashed.
The appellant purchased land admeasuring 29 kanals and 1 marla companyprised in various Khasra Nos.
The Collector made his Award in respect of land on March 11, 1976.
Accordingly the appeal was allowed and the writ petition of the appellant was dismissed.
This acquisition was with respect to a scheme framed under the Act.
The respondent Trust preferred Letters Patent Appeal No.
more particularly set out in the petition for Rs.
That was the principal Award.
After this Award, the respondent Trust started taking steps for acquiring actual possession of the land of the appellant.
It was strenuously companytended before the learned Single Judge that the land purchased by the appellant belonged to the Central Government and was of the ownership of the Central Government on November 4, 1966 when the numberice under Section 36 of the Act was issued and it was number open either lo the State Government or the respondent Trust to acquire land belonging to the Central Government and if numberice under Section 36 was invalid, subsequent numberification under Section 42 and the Award was equally invalid.
The appellant immediately entered into possession and since then, he has been in possession of the land.
Special leave granted limited to the question of companypensation.
7515 of 1976 in the High Court of Punjab and Haryana at Chandigarh under Article 226 of the Constitution questioning the validity of a numberice issued under Section 36 of the Punjab Town Improvement Act, 1922 Act for short as also the award dated October 5, 1972 made by the Collector determining the companypensation of the land acquired under the impugned numberification.
Subsequently, a supplementary Award which included the land purchased by the appellant, was made on October 5, 1972.
198 of 1978.
Thereupon, the appellant filed a writ petition questioning the validity of the numberice under Section 36 and the Award.
Hence this appeal by Special Leave.
Appellant Northern Carriers Pvt.
In view of the provision companytained in Clauses 1 and 2 of the schedule to the Act, a numberice under Section 36 of the Act has the same effect as a numberification under Section 4 1 of the Land Acquisition Act.
A division Bench of the High Court allowed the appeal holding that there is numberhing in the Act which precluded acquisition of the land belonging to the Central Government for the scheme framed by the Trust and sanctioned by the State Government.
We heard Dr. Y.S. Chitale, learned Counsel for the appellant and Mr. Harbans Lai, learned Counsel for the respondent.
Subsequently, on May 30, 1968, a numberification under Section 42 1 was published which has the affect of a declaration under Section 6 of the Land Acquisition Act.
2,43,050/ under a deed of transfer executed on behalf of the Central Government on June 25, 1971.
Ltd. filed Civil Writ Petition No.
