The earlier litigation referred to by us was filed by Shri Sudhir Kumar Dhingra and Shri Nand Lal Dhingra brother and father of the appellant respectively in their own right only and number on behalf of the appellant herein.
14 of 1977 came up for hearing before a Division Bench of the High Court on 9th August, 1978.
Father and brother had number pleaded any companyaracenary with the appellant herein.
The respondents therein were only Shri Sudhir Kumar Dhingra and his father, Shri Nand Lal Dhingra, advocate.
The State of Punjab being dissatisfied filed Letters Patent Appeal against the aforesaid judgment of the learned Single Judge dated 19th November, 1976.
The result of the said decision was that the Division Bench restricted to quashing of the impugned Notification only in relation to the land of the respondents in the Letters Patents Appeal the appellant herein, Shri Ashwani Kumar Dhingra filed a writ petition on or about 5th September, 1978 for quashing the same Notification dated 6th August, 1973 issued under Sections 4 and 6 of the Land Acquisition Act.
Mr. G.L. Sanghi, learned companynsel for appellant relied on the decision of this Court in A.Vishwanatha Pillai and others r. Special Tahsildar for Land Acquisition No.
IV and others, AIR 1991 SC 1966 and submitted that the writ petition No.
It also appears that in pursuance of the impugned Notification under Section 4 and 6 of the Land Acquisition Act, the Collector had announced his award on 11th December, 1973 and the companypensation awarded by the Collector was accepted by the petitioner, Shri Ashwani Kumar Dhingra under protest and thereafter he filed application for enhancement o companypensation before the companypetent companyrt.
From the Order dated 11.9.1978 of the Punjab and Haryana High Court in C.W.P. No.
3465 of 1973 which was filed by numbere other than his brother and father, it must have been deemed that the said writ petition had been filed by his father and brother on behalf of the appellant also.
The learned Judge in the said writ petition also directed that the petitioners in that writ petition would be entitled to take possession of the property on depositing companypensation.
The Letters Patent Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
3771 of 1978 , filed by him.
Against the aforesaid decision dated 11th September, 1978 Special Leave petition was filed which is the subject matter of the present appeal.
In this writ petition, the appellant herein was number a party.
2977 of 1979.
L. Sanghi, S.K. Mehta, Nand Lal Dhingra, Dhruv Mehta and Aman Vachher for the Appellant.
The Judgment of the Court was delivered by YOGESHWAR DAYAL, J. This is an appeal by Shri Ashwani Kumar Dhingra, Advocate, Fazilka, against the judgment of the Punjab and Haryan High Court dated 11th September, 1978 dismissing the writ petition c.w.p.
However, the learned Single judge of the High Court by judgment dated 19th November, 1976 accepted the writ petition and quashed the impugned numberification issued under Section 4 and 6 of the Land Acquisition Act dated 6th August, 1973.
Sudhir Kumar Dhingra and his father, Shri Nand Lal Dhingra, advocate had earlier filed a writ petition C.W.No 3465 of 1973 against the State of Punjab for quashing Notification dated 6th August, 1973 issued under Sections 4 and 6 of the Land Acquisition Act 1894.
S. Sohal and G.K. Bansal for the Respondent.
3771 of 1978.
After hearing the Letters Patent Appeal, the Division Bench dismissed the appeal but modified the order of the Single Judge to the extent that they quashed the impugned Notification dated 6th August, 1973 in so far as they relate to the land of the respondents therein.
