SHASHI VARDHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A demand survey for 'customised housing' was conducted by the Punjab Urban Development Authority (hereinafter referred to as PUDA) by publishing an advertisement in the News Paper (The Tribune) dated 23.12.2002 which contained the Scheme also. As per the scheme, in case sufficient demand warranting the setting up of the urban estate in any station mentioned therein existed, the land would be acquired for the said purpose. The scheme was opened on 26.12.2002 and closed on 20.1.2003, and in para 6 thereof, it was stated that in case sufficient demand does not warrant the setting up of urban estate in any of the stations mentioned in that advertisement, the earnest money will be refunded, in full, within six months from the closing date of their demand survey and no interest will be paid on the amount deposited. The demand survey was conducted including the area of Khanna under Ludhiana Zone and the tentative rate quoted was Rs. 1500/- per sq. yard for Khanna (Annexure P-10). In response to the said scheme, 1294 applications were received for houses and plots and a total amount of Rs. 41,23,500/- was collected from the applicants.

(2.) IN pursuance of the above, notification dated 9.3.2005 (Annexure P-1) under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the LA Act') was issued by the State of Punjab with an intention to acquire the land as the same was likely to be acquired by the Government at public expenses, for a public purpose, namely, for setting up of new urban estate at VPO Bullepur, G.T.Road, Khanna. Objections were invited from the land owners within 30 days. In compliance with the provisions of law, the Collector gave the objectors proper opportunity of hearing and on enquiry, submitted the recommendations for the decision of the Appropriate Government. After the decision on the objections, declaration under Section 6 dated 20.1.2006 (Annexure P-2) of the LA Act was issued by the respondent-State. But thereafter, notification dated 22.6.2007 (Annexure P-3) was issued under Section 48(1) of the LA Act rescinding the land acquisition proceedings initiated for establishment of new urban estate at Khanna. It is this notification which is under challenge in the present writ petition.

(3.) RESPONDENTS have challenged the locus standi of the petitioner, who is claiming to have filed their writ by way of public interest litigation, as he has a vested interest as he had taken a certificate of registration as Estate Agent under the name and style of M/s Shashi Vardhan and Company from Chief Administrator, Greater Ludhiana Area Development Authority respondent No. 2 (for short GLADA). The petitioner has neither any public interest nor the writ discloses any such class of persons who are/ is unable to approach this Court for claiming relief as has been claimed in the present writ petition. It is clearly his professional and monetary interest in filing the present writ petition. An objection on the ground of delay and laches has also been taken as the writ petition challenging the notification dated 22.6.2007 has been filed on 3.5.2010 after a delay of about 3 years.