AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals by special leave raise common questions of law and shall stand disposed of by this common judgment. The appeals arise out of two separate orders both dated 26.9.2006 passed by the High Court of Punjab and Haryana whereby C.W. Ps. Nos. 9060 of 2005 and 9083 of 2005 filed by the appellants have been dismissed. The petitioners had in those petitions challenged the validity of a Notification dated 23.1.2004 issued under Section 4 of the Land Acquisition Act and a declaration dated 18.1.2005 issued under Section 6 thereof. Constitutional validity of Section 23(1) of the Land Acquisition Act, 1894 and Punjab New Capital (Periphery) Control Act, 1952 was also assailed by them on several grounds which failed to find favour with the High Court who upheld not only the constitutional validity of the impugned enactments but also the notification issued under the Land Acquisition Act. The present appeals assail the correctness of the view taken by the High Court.

(3.) The facts giving rise to the controversy have been set out at length by the High Court in the lead judgment under challenge delivered in C.W.P. No. 9060 of 2005. The same need not, therefore, be set out again except to the extent it is absolutely necessary to do so. Suffice it to say that the writ petitioners-appellants before us are expropriated owners of different parcels of land situate in Village Chilla, Tehsil Mohali, District Ropar, in the State of Punjab an upcoming township situate on the outskirts of the city of Chandigarh, which has over the years seen rapid growth as a residential and urban estate. In the first phase of the expansion of the township sectors 53 to 75 were taken up for development under the provisions of Punjab Urban Estate (Development and Regulation) Act, 1964 and Punjab Housing Development Board Act, 1972; and the land needed for these sectors acquired under the Land Acquisition Act, 1894.