Law:

Section:

(a) Punjab Land Acquisition Rules, 1983--------R. 7---Land Acquisition Act (I of 1894), Ss.4, 5, 5-A & 17(4)---Civil Procedure Code (V of 1908), S.115---Superior Court application of---Acquisition process against the land of the: respondent was initiated by the Authorities in 1989 through notification under S.4 of Land Acquisition Act, 189.4---Subsequent notifications were issued by the said Authoritiesâ-ž under S.17(4) of the Act dispensing with notifications under, S.5 & 5-A of the Act---Award was announced by the Authorities against the respondent---Respondent's suit in the Civil Court challenging the said acquisition was allowed on the ground that the time limit provided under R.7 of Punjab Land Acquisition Rules, 1983 was not complied with---Appeal was filed by the Authorities against the decision of the Civil Court but it failed---Revision petition---Contention of the Authorities was that the provisions of R.7 of Punjab Land Acquisition Rules, 1983 were declared ultra vires of the Land Acquisition Act, by virtue of a of the superior Court passed in 1996, therefore, if the process of acquisition was not completed within one year, it did .not affect or invalidate the acquisition and moreover as the was declaratory in nature, it had a retrospective effect--­Validity---Decree was passed in favour of the respondent by the Civil Court in 1993 and the appeal of the petitioner was dismissed in 1995 by the Appellate Court, when the said R.7 was intact---As the matters were decided in favour of the respondent earlier to the passed in 1996, therefore, the same would not destroy and nullify the right of the respondent- Retrospective effect of ---Where the respondent had earned two decrees in his favour, the shall not act retrospectively at the revision stage ---Principle---Lis between the parties should be decided on the basis of substantive law, which was applicable when the lis commenced and when the matter was decided by the Court of first instance--Said declaring R.7 as ultra vires was much after the right was earned by the respondent in shape of two decrees, therefore, such rule even if declared unlawful, the same would have no application to the case.…

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