40 yrs on, HC raps Jalalabad (W) MC for illegal action - Mandi Gobindgarh News

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Wednesday, December 4, 2019

40 yrs on, HC raps Jalalabad (W) MC for illegal action

40 yrs on, HC raps Jalalabad (W) MC for illegal action

Saurabh Malik

Tribune News Service

Chandigarh, December 3

Forty years after the Jalalabad (W) Municipal Committee/Council utilised land for laying down streets without undertaking the process of acquisition, the Punjab and Haryana High Court has not only rapped the local body for illegal and malicious action, but also imposed costs of Rs 50, 000.

“The conduct of the petitioner is found to be malicious and needs to be curbed at this juncture. The land of the proprietors cannot be snatched in the manner as proposed by the petitioner,” Justice Raj Mohan Singh asserted.

The rap came on a petition filed by the MC against Vimla Devi. Justice Raj Mohan Singh during the course of hearing was told that Jalalabad MC took the land of respondents for carving out streets without acquiring the same in 1979. The matter since then travelled from the lower courts to the SC and back to the HC on various aspects of the matter.

Eventually, the petitioner-MC filed an application on May 7 for dismissal of execution petition filed by the respondent-landowners on the ground of limitation that execution petition was filed after seven years.

Justice Raj Mohan Singh asserted the facts and circumstances of the case were required to be appreciated in the context of acknowledgement of decree holders-landlords’ claims by the state before the executing court on several dates. “It would be crystal clear that no plea of limitation can be entertained at this stage”.

The Bench added the officers time and again undertook the process to assess compensation in accordance with the provisions of the Land Acquisition Act. Communications between the departments was indicative of the fact that the entitlement of the decree holders was endorsed from time to time.

The Bench further added the plea of limitation by the petitioner was nothing but a mala fide and evil design to deprive the decree holders from their lawful entitlement to compensation in consonance with their legal right under Article 300-A of the Constitution.

The Bench asserted even if right to property was no more a fundamental right, it was a legal/constitutional right in terms of Article 300-A of the Constitution of India. “Right to acquire, hold and dispose of property has ceased to be a fundamental right under the Constitution, but it is only a constitutional right and no person can be deprived of his property,” the Bench added.

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