PREM SINGH PAWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 45 Bhumidhars have preferred the instant writ petition for the quashing of the notification dated 18th January, 2010, issued under Section 4(1) of the Land Acquisition Act. The petitioners are Bhumidhars of the land situate at Mauja Sherpur, Pargana Pachhwadoon, District Dehradun. A Notification No. 133/1/2010-04(3)/25/09 dated 18th January, 2010 was issued by the State Government under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the 'Act') for the acquisition of 17.9343 hectares for the construction of 400/220 KV Sub Station. In the said notification, it was contended that the land was urgently required for a public purpose, namely, for the construction of a Sub Station and that in view of the pressing urgency, it was necessary to eliminate the delay likely to be caused by an enquiry under Section 5A of the Act and therefore, by exercising the powers under Sub-section (4) of Section 17 of the Act, the provision of Section 5A of the Act was dispensed with.

(2.) According to the petitioner, approximately 85 families of the farmers would be affected by the said acquisition. It was also alleged that the construction and the commissioning of the Sub Station would take between 2 to 21/2 years. It was also stated that pursuant to the notification dated 18th January, 2010, the State Government published the information in the daily newspaper 'Dainik Jagran' on 19th February, 2010, i.e., after a month from the date of the issuance of the notification under Section 4(1) of the Act in the gazette.

(3.) The contention of the petitioner is, that there was no urgency or unforeseen emergency to dispense with the enquiry as provided under Section 5A of the Act, whereas under Section 5A of the Act, an objection by the affected person was required to be given within 21 days. On the other hand, the construction would take about 21/2 years and therefore, it was submitted that there was a total non-application of mind in dispensing with the provision of Section 5A of the Act. It was also urged that the mere fact that the publication was made in a newspaper after one month from the date of the issuance of the notification in the Official Gazette indicates that there was no urgency on the part of the respondents in implementing the project. On these grounds, the petitioners prayed that the notification dated 18th January, 2010 issued under Section 4(1) of the Act be quashed.