Supreme Court of IndiaDevinder Singh & Ors vs State Of Punjab & Ors on 11 January, 2011Bench:Chandramauli Kr. Prasad,Harjit Singh BediIA 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 R1.         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 

         dated 12th 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 landIA Nos. 3-4 in CA 4843/20072I.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 4843/20073NEW DELHI
         JANUARY 11, 2011.