J W BENON Vs. STATE

JUDGEMENT

(1.) The petitioners are five in number, namely, (1) J. W. Benon, (2) Smt. Prito, (3) Dharam Chand, (4) Kuljas Rai, and (5) Jagdish Chander. The said petitioners owned buildings including shops and business cum-residential flats, situate in the area of Kothi Manali, Pahti Nasogi, in Tehsil and District Kulu. The said properties are located in a central and prized commercial area, being part of and adjacent to Manali Bazar, and were stated to be a choice piece of estate from the commercial point of view.

(2.) On 1st June, 1965, the Punjab Government notified by a Notification No. 1119-2UE-65/16501, dated 1st June, 1965 under 'Section 4 of the Land Acquisition Act, 1894 , that it appeared to the Governor of Punjab that land was likely to be required to be taken by the Government for a public purpose, namely, for planned development of the area of village Kothi Manali Pahti Nasogi, Tehsil and District Kulu, and that it was, therefore, notified by the said Notification that the land in the locality specified in the Notification was likely to be required for the said public purpose. It was also stated in the said Notification that in exercise of the powers conferred by Section 4 of the Land Acquisit on Act, the Governor of Punjab was pleased to authorise the officers, for the time being engaged in the undertaking with their servants and workmen, to enter upon and survey any land in the locality and do all other acts required or permitted by that Section. It was further stated in the Notification that in exercise of the powers under the said Act, the Governor of Punjab was pleased to direct that action under Section 17(1) of the said Act should be taken in the case on the ground of urgency, and that the provisions of Section 5A shall not apply in regard to the acquisition in question. The said direction that the provisions of Section 5A shall not apply to the acquisition was obviously made under Section 17(4) of the Land Acquisition Act, though it was not so stated expressly. Various Khasra Numbers were specified at the end of the Notifi- cation as being the plots in the locality sought to be acquired.

(3.) On the same date, the Government of Punjab issued another Modification No. 1171-2UE-65/16504 under Section 6 of the Land Acquisition Act, by which it was declared that the Governor of Punjab was satisfied that the land comprising the various Khasra numbers specified at the end of the Notification was needed by the Government for a public purpose, namely, for tie planned development of the area of Kothi Manali, Pahti Masogi, Tehsil and District Kulu, and that the said land was required for the aforesaid parpose. It was farther directed that nr.der the provisions of Section 7 of the Land Acquisition Act, the Land Acquisition Collector, Directorate of Urban Estates, Chandigarh, should take older for the acquisition of the said land. It was further stated in the said Notification that in view of the urgency of the acquisition, the Governor of Punjab, in exercise of the powers under section 17(1) of the said Act, was pleased to direct that the Land Acquisition Collector, Directorate of Urban Estates, Chandigarh, should proceed to take possession of the land specified in the Notification in accordance with the provisions of Section 17(1).