MAHANT DURGA DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) N this appeal by special leave, Shri V. C. Mahajan appearing for the appellant has challenged the compulsory acquisition of land on three grounds. He contends that his objections, statutorily permitted under S. 36 to 40, have not been considered and in that view the further proceedings are banned in law. Secondly, he urges thatthe property acquired is a 'samadhi' or a shrine and in the event of any religious shrine being acquired, the Punjab State has framed standings, in particular Standing Order No. 28, which prescribes certain exercise before taking over of such lands having regard to the sentiment attached by communities to such sanctified places. The third contention is that the Town Improvement Trust, which is the acquiring body, has no jurisdiction to acquire land outside the municipal limits and that in this case the land acquired from the appellant partly spills over beyond the municipal limits.

(2.) Shri Soli Sorabjee appearing for the respondent-Trust, refutes these three contentions. No objections have been received by the Trust, according to him, and so no question of considering them arises. Secondly, it is argued, that the actual 'samadhi' is not sought to be acquired and, therefore, there is no reason to comply with the formula under the standing orders. Lastly, it if stated that the whole land acquired falls within the municipal limits.

(3.) The High court after hearing the arguments dismissed the writ petition under Article 226 in limine. Having heard submissions on either side we think that a fair course to be adopted by the statutory body concerned, without seriously prejudicing the rights of the appellant, may well be to maintain provisionally the order of acquisition of the scheme subject to the directions that we make. We use the word 'provisionally advisedly because we are not upsetting the order of acquisition or the further steps taken. Nevertheless, the interests of justice may well be met if, Improvement Trust (respondent) hears the objections of the appellant in terms of S. 36-40 of the Punjab Town Improvement Act, 1922. The objections which the appellant has, are already at page 23 of the paperbook, that is, Annx. 'a' to the special leave petition. These objections will be considered by the Chairman of the Improvement Trust within three weeks from today after notice to the appellant. To avoid further complications, we fix 20/03/1980 as the date on which the appellant directly or through counsel will appear before the Chairman of the Trust in support of his objections and, thereafter, the Chairman considering the merits of the objections, will pass appropriate orders, modifying the acquisition or cancelling the acquisition or otherwise making any suitable adjustments with reference to the acquisition. We make it clear that this is with substantial reference to the land of the appellant only.