IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4752 of 1989 Date of decision: 3.2.2009 Mrs. Prem Parkash Kaur(deceased) through LRs and another -----Petitioners Vs. The State of Punjab and others --Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present: Mr. Hemant Sarin, Advocate for the petitioners. None for the respondents. Adarsh Kumar Goel,J. 1. This petition seeks quashing of land acquisition proceedings initiated vide notification dated 23.5.1973 under section 36 of the Punjab Town Improvement Act, 1922 (in short, ‘the 1922 Act’) followed by notification dated 17.7.1974 under section 42 of the said Act. The Collector gave award dated 31.10.1974. Thereafter, instructions dated 18.12.1979, Annexure P.5 were issued by the State of Punjab to the effect that if final notification under section 6 of the Land Acquisition Act, 1894 (in short, ‘the 1894 Act’) was not issued within one year of CWP No.4752 of 1989 notification under section 4 of the said Act, the proceedings will lapse. 2. Contention raised in this petition is that in view of instructions Annexure P.5, the acquisition proceedings were liable to be quashed. 3. We find that the issue has been dealt with by a Division bench of this Court in State of Punjab and others v. Jagjit Singh and others, 2005(3) PLR 58, wherein relying upon judgment of the Hon’ble Surpeme Court dated 21.11.2001 in Civil Appeal No.4904-4905 of 1991 (State of Punjab v. Gurtej Singh), it was held that the administrative instructions will not override the statutory provisions and validity of acquisition proceedings could not be questioned on the ground of violation of the instructions if such proceedings are otherwise valid. 4. In view of above judgment of this Court, there is no merit in this petition. 5. Dismissed. (Adarsh Kumar Goel) Judge February 3, 2009 (Jitendra Chauhan) ‘gs’ Judge 2