Improvement Trust Ludhiana And Another vs Harjinder Pal Kaur And Ors. on 30 July, 2026

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    Punjab-Haryana High Court

    Improvement Trust Ludhiana And Another vs Harjinder Pal Kaur And Ors. on 30 July, 2026

                                   IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                AT CHANDIGARH
    
                                                               IOIN
                                                               IOIN-RSA-150-2006 IN
                                                               RSA
                                                               RSA-150-2006 (O&M)
                                                               Reserved on : 01.05.2026
                                                               Pronounced on:
                                                                           on:30.07.2026
    
    
                         IMPROVEMENT TRUST LUDHIANA AND ANOTHER
                                                         .... Appellants
                                             Versus
    
                         HARJINDER PAL KAUR AND OTHERS
                                                                             .... Respondents
    
                         CORAM: HON'BLE MRS. JUSTICE RAMESH KUMARI
    
    
                         Present :     Mr. Gurinder Singh and Mr.Vinish Singla
                                                                        Singla, Advocates
                                       for the appellants.
    
                                 Respondents No.1 to 3 proceeded against ex-parte
                                 vide order dated 27.02.2026.
                                       ****
    

    RAMESH KUMARI,
    KUMARI J.

    1. Appellants (defendants
    (defendants No.1 & 2 in original suit) has filed the present

    SPONSORED

    regular second appeal against impugned judgment and decree dated

    29.07.2005 whereby the judgment
    ent of the learned trial Court had been set

    aside and suit filed by respondent No.1 (hereinafter referred to as

    plaintiff) had been decreed for permanent injunction.

    Facts of the plaintiff’s case

    2. The subject matter of the civil suit/appeal in hand is property i.e. house

    building of property unit No.B-XIV/46-C/1,
    No.B C/1, situated at Rajpura Road,

    near Mata Kali Mandir, Haibowal Khurd, bearing khewat-khatuni
    khatuni

    No.99/107, khasra No.5R//21/2, Hadbast No.158, Haibowal Khurd,

    Tehsil and Distt. Ludhiana and bounded as follows:-

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    East: Street
    West: Open Plot No.30
    North: House in plot No.31
    South: Rajpura Road

    As shown red in the site plan attached with the
    plaint.

    3. The facts of the case pleaded by the plaintiff
    plaintiff-Harjinder
    Harjinder Pal Kaur before

    learned trial Court is that she purchased the suit property along with

    defendants No.3 and 4,
    4 from Sheela Devi vide sale deed dated 07.03.1989

    Ex. P-1
    1 for consideration of Rs.50,000/-

    Rs.50,000/ and mutation of ownership
    rship was

    also sanctioned in their favour and their names were incorporated in

    jamabandi for the year 1984-85 Ex. P-33 and jamabandi for the year 1989–

    90 Ex.P-4

    4. The plaintiff along with defendants No.3 and 4 submitted site

    plan to Municipal Corporation, Ludhiana (for short
    short-Municipal
    Municipal

    Corporation) for construction of house and payment was made vide

    receipt No.35 dated 05.06.1989
    0 .06.1989 Ex.P
    Ex.P-5.

    5. However, the Municipal

    Corporation
    ration neither rejected nor sanctioned site plan.. After a lapse of

    considerable time, the plaintiff considered that site plan has been

    accepted. The plaintiff along with defendants No.3 and 4 raised

    construction over the suit property in the month of Janua
    January, 1990 by

    spending Rs.50,000/-.

    Rs.50,000/ . Municipal Corporation did not raise any objection.

    Thereafter, the plaintiff received
    received notice dated 10.07.1990 Ex.P-6
    6 issued

    by defendants No.1 & 2 i.e. appellants, under Section 195A of The
    he Punjab

    Municipal Act, 1911 (for short- the Municipal Act) and Section 49 of the

    Punjab Town Improvement Act, 1922 (for
    (for short
    short-the Improvement Act)

    directing the plaintiff and defendants No.3 and 4 to demolish the

    constructions raised in the plot within 3 days otherwise threatened to

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    demolish
    ish the construction. The plaintiff further pleaded that defendants

    No.1 and 2 had no right or title to issue the impugned notice as neither the

    disputed property had been acquired by defendants No.1 and 2 at any time

    nor there was any scheme. No notice wass served regarding acquisition of

    land. Defendants No.1 and 2 have no jurisdiction to issue notice. There

    was no objection from Municipal Corporation regarding the construction

    raised over the disputed plot. The plaintiff and defendants No.3 and 4

    were not afforded opportunity of being heard before issuing the impugned

    notice.. Defendants No.1 and 2 had not published any scheme as provided

    under Section 36 of the Improvement Act
    Act.. The plaintiff approached

    defendants No.1 and 2 to withdraw the impugned notice and not to cause

    any damage or demolition but they refused, thereby, necessitating the

    filing of the suit.

    4. Since defendants No.3 and 4 were profor
    proforma
    ma defendants, their presence

    was dispensed with by the learned trial Court.

    Pleadings of the contesting defendants

    5. Defendants No.1 and 2 filed written statement and contested the suit by

    raising preliminary objections regarding its maintainability and that the

    suit is barred under Sections 91 and 98 of the Improvement Act, and

    plaintiff have no locus standi to file the suit, her ownership over the

    disputed property was also denied. The case of the defendant is that suit

    property had been acquired by defendants No.1 and 2 under 256 Acre

    Area Scheme vide resolution No.19 dated 29.06.1976 Ex.PW-2/1)
    2/1)

    (Award No.1 of 1980-81,
    1980 dated 12.06.1980 Ex.11), Municipal

    Corporation has no right over the suit property. The power
    powers of Municipal
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    Corporation regarding building control stand vested with defendant No.1
    No.1–

    Improvement Trust, Ludhiana after area acquired under Development

    Scheme by defendant No.1 under Section 40 of the Improvement Act..

    Plaintiff had no right to submit alleged site plan w
    with Municipal

    Corporation, Ludhiana seeking sanction to raise construction over the suit
    Corporation,

    property. The plaintiff had raised illegal, unauthorized constructions

    against rules and regulations of the Improvement Act which is liable to be

    demolished in accordance
    accordance with the said Act in due course. The impugned

    notices served upon the plaintiff were legal and the construction raised by

    the plaintiff over the suit property is liable to be demolished as suit land

    had already been acquired from the previous owner and even the

    compensation had already been got deposited by defendant No.1 with

    Land Acquisition Collector, Ludhiana, the plaintiff has no cause of action.

    6. The plaintiff filed replication to the written statement of defendants No.1

    and 2 and reiterated the pleadings.

    Issues framed by learned trial Court

    7. Following issues were framed by learned trial Court vide order dated

    09.01.1992:

    09.01.1992:-

    1. Whether the suit is not maintainable in the present form?
    OPD

    2. Whether the suit is barred under Section 98 of the Pun
    Punjab
    jab
    Town Improvement Act? OPD.

    3. Whether the plaintiff has got the locus standi to file the
    present suit? OPD

    4. Whether any cause of action has arisen to the plaintiff to
    file the suit against the defendants? OPP

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    5. Whether the plaintiff is entitled to the injunction prayed
    for? OPP

    6. Relief.

    8. Oral and documentary evidence were led by the parties to the suit before

    the learned trial Court. Plaintiff herself stepped into the witness box as

    PW1 and also examined Gurmel Singh, Draftsman as PW2, Balwinder

    Singh as PW3, Balwinder Singh s/o Piara Si
    Singh
    ngh as PW4, Avtar Singh,

    Steno Ludhiana Improvement Trust as PW5
    PW5.. Defendants No.1 and 2

    examined Harbans Lal Kanungo as DW1.

    Analysis and decision by learned trial Court

    9. Learned trial Court observed that:-

    “9.. ….It is admitted that the plaintiff is owner and in possession of
    the suit property vide sale deed Ex. P1 which was executed by Smt.
    Sheela Devi in favour of the plaintiff after taking the due
    consideration. However, it is allegation of the plaintiff tha
    thatt before
    raising construction they moved application before the Municipal
    Corporation authorities, but admittedly the Municipal Corporation
    has not sanctioned the site plan. So, the moving of application with
    the Municipal Corporation authorities is nothin
    nothing
    g but to create
    evidence is only the in one’s favour since vide notification Ex. PD,
    the suit land has been acquired by the Punjab Government for its
    development. So, it Improvement Trust which could authorise the
    plaintiff raise construction. But undisput
    undisputedly
    edly the plaintiff sought
    any permission from the Imp. Trust before raising the construction.
    So, now the plaintiff estopped by her own act and conduct from
    saying that defendants from that no. 1 and 2 did not stop them
    raising construction and only when tthe
    he construction was raised,
    notice u/s 195-A
    195 A was served upon either they should remove the
    construction failing which, it will be removed by the Improvement
    Trust. However, nothing has been suggested by the plaintiff either

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    in the plaint or in her statement
    statement that employees of defendants no. 1
    and 2 or their representatives ever come to demolish the suit
    property forcibly and illegally.”

    So far as possession is concerned possession has not been taken by
    the Improvement Trust, but it does not mean that the def
    defendant–

    Trust interest in the same. However, the publication of notice Ex.
    PD whereby the suit land has been acquired by the Punjab
    Government for its development, the Imp. Trust has become its
    owner.

    So far as compensation is concerned, the plaintiff can m
    move
    ove under
    the Land Acquisition Act seeking compensation or enhancement of
    the award, but she is not entitled to any injunction at all. Because
    with the not -action
    action the plaintiff is barred from raising
    construction. Not only this, the notification or the nnotice u/s 195-A
    A
    Pb… Town Imp. Act have not been challanged by the plaintiff nor
    the same have been got declared illegal by the plaintiff from
    competent court of law. So, unless and until the same is declared
    null and void, the plaintiff is not entitled to any injunction, rather
    the suit in the present form without declaring notification void not
    maintainable. Apart from it publication Ex. PD was effected in the
    newspaper, so Publication as is notice to th
    thee Gen. Public and this
    fact was in the notice of the plaintiff that land has been acquired
    but this material fact has been concealed by the plaintiff. So,
    therefore, in these circumstances, all these issues are decided
    against the plaintiff and in favour of the defendants No. 1 and 2.

    2.”

    Findings of the learned First Appellate Court

    10. The learned First Appellate Court reversed
    reversed the findings of the learned trial

    Court on the ground that plaintiff was not required to issue notice before

    filing
    ng of the suit because it was mere suit for permanent injunction aand
    nd

    not for declaration, therefore, suit is maintainable. In the original award

    Ex.P-11,
    11, suit property was not part of acquired land and there is a

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    certificate dated 14.02.1991 Ex.P-10
    Ex.P 10 proved by PW
    PW-5
    5 Avtar Singh,

    Steno/Clerk
    Clerk of Improvement Trust, Ludhiana bby
    y stating that suit land had

    never been acquired. The correctness of certificate is admitted by PW
    PW-5
    5

    Avtar Singh and supplementary award dated 03.06.1983 Ex.PD passed by

    the competent Collector who mentioned that possession of the suit land

    will be taken after
    after depositing the payment of compensation but said

    compensation had never been deposited in the office of Collector or in

    any Court and there is no evidence or proof that the possession of the suit

    land had ever taken. Notification or notice under Sectio
    Section 195A of the

    Municipal Act was not required to be challenged because the plaintiff was

    not seeking declaration but merely injunction to protect her possession

    except in due course of law. So serving of notice under Section 98 of the

    Improvement Act was not required. The learned Appellate Court

    concluded as under:-

    under:

    “Admittedly the plaintiff is in possession over the suit land,

    so the Improvement Trust in my opinion, has no right to

    demolish the construction of the appellant/plaintiff forcibly

    and illegally
    egally unless the Improvement Trust takes the

    possession of the suit land in due course of law from the

    plaintiff. So, consequently, the appeal is accepted and the

    impugned judgment and decree are set aside. Resultantly, the

    suit of the plaintiff is decree
    decreed
    d for permanent injunction

    restraining the defendant No.1 and 2 from causing any

    damage or demolition on any part of the house building of

    property unit No.B-XIV-1348/46
    1348/46-C/1
    C/1 situated at Rajpura
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    Road near Mata Kali Mandir, Haibowal Khurd bearing

    Khewat Khatuni
    uni No.99/107, Khasra No.5R//21/2, Hadbast

    No.158 as detailed in the head note of the plaint with costs
    costs.”

    Substantial question of law in second appeal

    11. Upon filing of the regular second appeal,, following substantial questions

    of law were framed by this
    this Court vide order dated 16.12.2008:

    16.12.2008:-

    “1. Whether the respondents have any locus standi to file

    the present civil suit when the land that they have purchased

    had already been acquired by the Appellant Trust much

    before the sale deed?

    2. Whether the registered sale deed dated 07.03.1989

    whereby the respondents purchased the suit property is

    illegal and void ab initio as the same property already vests

    with the Appellant Trust vide award dated 27.2.1987 made

    with respect to the suit land?

    3. Whether the acquisition proceeding would be vitiated

    by mere non deposit of the compensation amount when the

    award has been passed?

    4. Whether civil suit is maintainable whereby it has

    indirectly challenged the acquisition proceeding in view of

    the judgment
    ment passed by the Hon’ble Apex Court?”

    12. I have heard submissions of learned counsel for the appellants and have

    perused the oral and documentary evidence with his able assistance.

    Submissions of appellant’s counsel

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    13. Learned counsel for the appellant/defendants
    appellant/defendants No.1 and 2 submitted that

    256 acre of land was acquired under Development Scheme of Village

    Habowall Khurd vide resolution No.19 dated 29.06.1976 vide main award

    dated 12.06.1980 Ex.P-11.

    11. On the request of Improvement Trust,

    Ludhiana, some more
    more land was proposed to be acquired and then

    supplementary Award dated 03.06.1983
    03.06.1983 Ex.PD was passed and defendant

    No.1 became owner of the disputed property for all intents and purposes.

    Suit property is part of the land acquired vide supplementary Award dated

    03.06.1983
    1983 Ex.PD. The disputed property had already been acquired vide

    Ex.PD before its purchase by the plaintiff vide sale deed dated 07.03.1989

    Ex.P-1.. The construction raised by the plaintiff and defendants No.3 and 4

    over the suit property is illegal
    illegal because no site plan was sanctioned by

    defendant No.1. Defendant No.1 rightly issued notice
    notices Ex.P6 to Ex.P8

    under Section 195A of the Municipal Act and Section 49 of the

    Improvement Act,
    Act, directing the plaintiff to demolish the construction

    within 3 days. Instead of raising demolition, plaintiff filed suit, however

    the plaintiff had not challenged the notices Ex.P6 dated 10.07.1990, Ex.

    P7 dated 13.07.1990, Ex.P8 dated 30.07.1990 and the learned Appellate

    Court erroneously held that the plaintiff was not required to challenge the

    same. The plaintiff has not come to the Court with clean hands and was

    not entitled to discretionary relief of injunction. The suit property vests in

    defendant No.1 by virtue of supplementary Award dated 03.06.1983

    Ex.PD, and the plaintiff is not owner of suit property and in support of his

    contention, learned counsel placed reliance upon the observation of this

    Court in case titled as Nirnjan Singh vs. State of Punjab, AIR 1986
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    (FB), P&H, 202, wherein, it is held that once the award under Section 11

    of the Land Acquisition Act, 1894 is made, two consequences follows i.e.

    1) Acquired land absolutely vests in the Government and 2) such vesting

    is free from all encumbrances.

    encumbrances. Since the defendant N
    No.1
    o.1 is the owner of

    the suit property, learned First Appellate Court gravely erred in deciding

    the issues. The Civil Court has no jurisdiction to decide the validity of

    acquisition proceedings and the same can be done under the writ

    jurisdiction of High Court.

    Court. The plaintiff had not served notice under

    Section 98 of the Improvement Act before filing of the suit and on this

    score also, the suit was liable to be dismissed. Learned counsel,

    vehemently prayed for setting aside the findings of the learned First

    Appellate Court and all the issues.

    Analysis

    14.(i) Undisputed facts are that the plaintiff and defendants No.3 and 4

    purchased 400 Sq. yards of house building of property unit No.B
    No.B-XIV/46–

    C/1, situated at Rajpura Road, near Mata Kali Mandir, Haibowal Khu
    Khurd,
    rd,

    bearing khewat-khatuni
    khewat No.99/107, khasra No.5R//21/2, Hadbast

    No.158, Haibowal Khurd, Tehsil and Distt. Ludhiana vide sale deed dated

    07.03.1989 Ex. P-1
    P 1 for consideration of Rs.50,000. It has come on record

    and also reveals from the recitals of original Award dated 12.06.1980

    Ex.11 that khasra No.5R//21/2 was not part of the acquired land. Land

    bearing khasra No.5R//21/2 along with other land was acquired vide

    supplementary award dated 03.06.1983 Ex.PD to the original award dated

    12.06.1980 Ex.P-11.

    11. One of the Clause 5 of this Award deals with

    possession and it is in unambiguous terms states that ” The possession
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    shall be taken after making payment of compensation to the respective

    land owners/claimants”. It is undisputed that after purchase, the plaintiff

    along with defendants No.3 and 4 had raised construction over the

    disputed property as reflected in site plan, proved on record by Gurmel

    Singh, Draftsman.

    14(ii). Defendant No.1 issued certificate dated
    dated 14.02.1991 Ex.P
    Ex.P-10
    10 proved on

    record by PW-5
    PW Avtar Singh, Steno/Clerk
    Clerk certifying that:-

    ” Khasra Number 5//21/2 situated in village Haibowal,
    tehsil and Distt. Ludhiana, at present had not acquired in
    any Scheme of the Ludhiana Improvement Trust, Lu
    Ludhiana.

    dhiana.

    If the building plan of this Plot Khasra No.5//21/2 is
    sanctioned accordingly the Improvement Trust have no
    objection”.

    14(iii) The case of the plaintiff is that the plaintiff in her affidavit/ statement

    specifically
    cally stated that constructions was raised in the year 1991. Since

    defendant No.1 had no objection to raise construction over the plot

    situation in Khasra Number 5//21/2 situated in village Haibowal, tehsil

    and Distt. Ludhiana,
    Ludhiana, even though the land was acquired by Improvement

    Trust, Ludhiana by virtue of Supplementary Award dated 03.06.

    03.06.1983
    1983

    Ex.PD, but since, the construction was without any objection, the right of

    the plaintiff is protected and she cannot be dispossessed or constructions

    cannot be demolished except in due course of law.

    14(iv). The plaintiff had not challenged the notification/ main award dated

    12.06.1980 Ex.P-11
    Ex.P 11 and Supplementary Award dated 03.06.1983 Ex.PD

    by invoking the writ jurisdiction of this Court. In a suit for permanent

    injunction, the
    t plaintiff has not challenged
    hallenged the legality of notices issued to

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    her under Section 195A of the Municipal Act and Section 49 of the

    Improvement Act,
    Act, for this reason, she was not required to file a suit for

    declaration. The plaintiff has not sought decree for declaration for he
    herr title

    as owner in the suit property and she has filed the suit for permanent

    injunction to protect her lawful possession
    possession, as plaintiff stepped into the

    shoes of original vendor by virtue of execution of sale deed dated

    07.03.1989 Ex. P-1
    P in her favour and
    d in favour of defendants No.3 and 4.

    The plaintiff is entitled for protection of possession as defendants No.1

    and 2 did not object to her construction as per certificate dated 14.02.1991

    Ex.P-10
    10 and also because no compensation is paid to her or to her

    predecessor
    predecessor-in-interest, therefore, as per clause 5 of the original award

    dated 12.06.1980 Ex.P-11
    Ex.P and Supplementary Award dated 03.06.1983

    Ex.PD itself, she is entitled for protection of her possessory right.

    Reference can also be made hereto judgment
    udgment of Hon’ble Apex Court in

    Vidya Devi vs. State of Himachal Pradesh, AIR (2020) (SC) 4709. Vidya

    Devi had invoked the writ jurisdiction of High Court of Himachal Pradesh

    regarding acquisition of her land without compensation. The plea of the

    State was
    as of adverse possession. Her writ came to be dismissed. Hon’ble

    Apex Court reversed the judgment of Himachal Pradesh High Court and

    held that:–

    “10.2. The right to property ceased to be a fundamental right by the
    Constitution (Forty Fourth Amendment) Act Act,, 1978, however, it
    continued to be a human right 2 in a welfare State, and a
    Constitutional right under Article 300 A of the Constitution. Article
    300
    A provides that no person shall be deprived of his property save by
    authority of law. The State cannot ddispossess
    ispossess a citizen of his property
    except in accordance with the procedure established by law. The
    obligation to pay compensation, though not expressly included in
    Article 300 A, can be inferred in that Article. 31 The State of West

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    Bengal v. Subodh Gopal Bose and Ors. AIR 1954 SC 92. 2 Tukaram
    Kana Joshi & Ors. v. M.I.D.C. & Ors.
    (2013) 1 SCC 353.
    3 KT
    Plantation Pvt. Ltd. v. State of Karnataka (2011) 9 SCC 1. To forcibly
    dispossess a person of his private property, without following due
    process of law, would
    ould be violative of a human right, as also the
    constitutional right under Article 300 A of the Constitution.”

    Reliance was placed on the judgment in Hindustan Petroleum Corporation

    Ltd. v. Darius Shapur Chenai (2005) 627, wherein Hon’ble Apex
    2005) 7 SCC 627

    Court held that:

    “6…..

    6….. Having regard to the provisions contained in Article 300 of the
    Constitution, the State in exercise of its power of “eminent domain”

    may interfere with the right of property of a person by acquiring the
    same but the same must be for a public purpose and reasonable
    compensation therefor must be paid.” (emphasis supplied) In N.
    Padmamma v. S. Ramakrishna Reddy
    , (2008) 15 SCC 517 this Court
    held that:

    “21. If the right of property is a human right as also a constitutional
    right, the same cannot be taken away except in accordance with law.
    Article 300 of the Constitution protects such right. The provisions of
    the Act seeking to divest such right, keeping in view of the provisions of
    Article 300 of the Constitution of India, must be st strictly
    rictly construed.”

    (emphasis supplied).”

    Judgment in
    i Delhi Airtech Services Pvt. Ltd. & Ors. v. State of U.P. &

    (2011) 9 SCC 354 was also referred in Vidaya Devi‘s case (supra)
    Ors.(2011)

    wherein, Hon’ble Apex Court recognizes the right to property as a basic

    human right in the following words:

    “30. It is accepted in every jurisprudence and by different political
    thinkers that some amount of property right is an indispensable
    safeguard against tyranny and economic oppression of the
    Government. Jefferson was of the view that liberty cannot long subsist
    without the support of property.

    “Property must be secured, else liberty cannot subsist” was the opinion
    of John Adams. Indeed the view that property itself is the seed bed
    which must be conserved if other constit
    constitutional
    utional values are to flourish is
    the consensus among political thinkers and jurists.” (emphasis
    supplied)

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    Reference was also made to Judgment in Jilubhai Nanbhai Khachar v.

    State of Gujarat,
    Gujarat (1995) Supp. 1 SCC 596. wherein Hon’ble Apex Court

    held as follows
    ollows:

    “48….In other words, Article 300 only limits the powers of the State
    that no person shall be deprived of his property save by authority of
    law. There has to be no deprivation without any sanction of law.
    Deprivation by any other mode is not acqui
    acquisition
    sition or taking possession
    under Article 3000. In other words, if there is no law, there is no
    deprivation.” (emphasis supplied).”

    .”

    Since no compensation was paid to Vidaya Devi in the year 1967 when
    she was dispossessed, Hon’ble Apex Court observed that :-

    “10.3.

    10.3. In this case, the Appellant could not have been forcibly
    dispossessed of her property without any legal sanction, and without
    following due process of law, and depriving her payment of just
    compensation, being a fundamental right on the date of fforcible
    orcible
    dispossession in 1967.

    10.4. The contention of the State that the Appellant or her predecessors
    had “orally” consented to the acquisition is completely baseless. We
    find complete lack of authority and legal sanction in compulsorily
    divesting the Appellant of her property by the State.

    10.5. In a democratic polity governed by the rule of law, the State
    could not have deprived a citizen of their property without the sanction
    of law. Reliance is placed on the judgment of this Court in Tukaram
    Kana Joshi & Ors. V. M.I.D.C. & Ors.
    (2013) 1 SCC 353. wherein it
    was held that the State must comply with the procedure for acquisition,
    requisition, or any other permissible statutory mode. The State being a
    welfare State governed by the rule of law cannot arrogate to itself a
    status beyond what is provided by the Constitution.

    Constitution.”

    14(v) These judgments expounded the law that the State being welfare State

    cannot deprive the citizens to their property except in due process of law.

    State cannot take the plea of adverse possession
    possession. One of the ingredients

    of due process of law is that there cannot be delivery of pos
    possession
    session in

    favour of the State without compensation to the lawful owner or person

    who was is in lawful possession as owner through original lawful owner

    JYOTI
    2026.08.04 17:23
    I attest to the accuracy and
    integrity of this document
    IOIN-RSA
    RSA-150-2006 IN RSA-150-2006 (O&M) -15-

    14(vi) Reverting to the facts of this case, no compensation had been paid

    either to predecessor-in-interest
    predecessor interest of the plaintiff or to the plaintiff, after the

    land of the plaintiff was acquired vide supplementary award Ex. PD dated

    03.06.1983 Onn the other hand vide certificate Ex. P10 dated 14.2.1991
    03.06.1983.

    had been issued in favour of the
    the plaintiff that land be
    bearing khasra

    No.5/21-2
    2 (purchased by her vide sale deed Ex.P1 along with other co
    co–

    shares on 07.03.1989) had not been acquired in any scheme of the

    Ludhiana Improvement Trust, Ludhiana and if the building plan of this

    land is sanctioned, Improvement Trust have no objection.

    14(vii) Under Clause 5 of supplementary notification Ex. PD, there is clear

    stipulation that

    ” the possession shall be taken after making payment of
    compensation to the respective
    spective land owners/claimants.”

    14(viii) In view of this stipulation, in a suit for permanent injunction, the learned

    First Appellate Court committed no error while setting asied the judgment

    of learned trial Court and correctly held that “the Improvement Trust has

    no right to demolish the construction
    construction of the plaintiff forcibly and illegally

    unless the Improvement Trust takes the possession of suit land in due

    course of law from the plaintiff.”

    14(ix) Due process of law only means that the defendants are required to

    comply with pre condition of payment of compensation before taking

    possession.

    JYOTI
    2026.08.04 17:23
    I attest to the accuracy and
    integrity of this document
    IOIN-RSA
    RSA-150-2006 IN RSA-150-2006 (O&M) -16-

    14(x) In view of the above discussion, the
    the judgment of learned First Appellate

    Court is upheld.

    upheld. The substantial question of law framed in this appeal are

    decided as under:-

    under:

    1. The plaintiff has locus standi to
    to file the civil suit in spite of the

    fact that the land they have purchased by the plaintiff vide sale

    deed Ex. P1 dated 07.03.1989, had already been acquired by the

    Improvement Trust
    Tru because the possession had not been taken

    from the predecessor-in-interest
    predecessor interest of the plaintiff and no

    compensation had been paid to the predecessor
    predecessor-in-interest
    interest of the

    plaintiff.

    2. Even if for the sake of arguments, it is held that the

    Improvement Trust become owner of suit property by virtue of

    notification Ex. PD dated 03.06.1983
    03.06.1983,, the possession was still

    with the predecessor-in-interest
    predecessor interest of the plaintiff at that time and

    the vendor delivered possessory rights in favour of

    plaintiff/vendee, and for this reason, sale deed Ex. P1 cannot be

    declared as illegal and void ab initio .

    3. Acquisition proceedings cannot be termed as vitiating by mere

    non deposit of compensation amount when the award had been

    passed because payment of compensation was pre condition for

    tak
    taking of possession.

    4. Civil suit for permanent injunction regarding suit property is

    maintainable because acquisition proceedings has not been

    challenged in the civil suit directly or indirectly especially in the

    JYOTI
    2026.08.04 17:23
    I attest to the accuracy and
    integrity of this document
    IOIN-RSA
    RSA-150-2006 IN RSA-150-2006 (O&M) -17-

    light of the fact that suit was for permanent injunction and was

    not for declaratory decree regarding ownership of plaintiff over

    the suit property.

    16. In view of above discussion, the appeal in hand is dismissed being

    without merits.

    (RAMESH KUMARI))
    30.07.2026 JUDGE
    Jyoti-IV

    Whether speaking/reasoned: Yes/No.
    Whether reportable : Yes/No

    JYOTI
    2026.08.04 17:23
    I attest to the accuracy and
    integrity of this document



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