GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of CWP Nos. 11325 and 17195 of 2009 because the land of the petitioners has been acquired by the same notifications which are subject matter of challenge in both the petitions. It is pertinent to mention that notification under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (for brevity 'the Act') was issued on 10.6.2009 (P.5) and on the same day notification under Section 6 read with Section of the Act has also been issued (P6).

(2.) When the matter came up for motion hearing on 30.7.2009, the operation of the impugned notifications (P.5 and P.6) was stayed.

(3.) In the written statement filed on behalf of respondent Nos. 1 to 3 the allegation of issuing notifications on the same day had not been denied as is evident from the reading of para 15(1) of the written statement. However, it has been pointed out that the land is sought to be acquired for construction of Ghumar Khera Extension Link Drain from RD 0 to 8000 out falling into Ghumar Khera Link Drain at RD 14800 and construction of Field Link Drain from RD 0-1350 out falling into Ghumar Khera Extension Link Drain at RD 1336 in Tehsil Gidderbaha and Malout District Muktsar. The aforesaid construction is required for villages Fakarsar, Dhaula Kingra as sewerage water is logging and the abadi of village Fakarsar and Dhaula Kingra which are lying in depressions of village ponds in which during rainy season water accumulates and damage the abadi and residential area.