Jaidev Inder Singh v. Amritsar Improvement Trust
Background
Two separate parcels of land belonging to the appellant and his family were acquired by the Amritsar Improvement Trust under notifications from 1972 and 1973. Following an earlier High Court decision, 10.76 acres from one acquisition were exempted and released to the family on condition they be kept as an orchard. The family later sought allotment of 500 square yards of land each under the Trust's own allotment rules in respect of the second acquisition, but the Trust refused, arguing they had already received land and had settled their claims by compromise. The High Court dismissed their writ petition, leading to this appeal.
Decision Breakdown
The Supreme Court held that a person who was already allotted land as a "local displaced person" for one acquisition does not lose that status for a separate, later acquisition at a different location: the definition must be applied acquisition-by-acquisition. The Court found no evidence of any binding compromise barring the fresh claim, and rejected the argument that the claim was time-barred since it was made soon after the family was actually dispossessed in 2008. However, the Court agreed with the Trust that having earlier limited their claim to 250 square yards each (rather than the maximum 500), the family could not now claim the full 500 square yards for the second acquisition. The appeals were therefore partly allowed, directing allotment of 250 square yards each at the price prevailing on the date of their 2010 application.
Lesson Learnt
Being allotted land for one government acquisition does not disqualify a landowner from making a fresh allotment claim for a separate, later acquisition, but courts will also hold claimants to the specific quantum they themselves previously sought or accepted.