NIRANJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges notification dated 29.1.2009 (P-3), issued under Section 4 read with Section 17(2)(c) (Punjab Amendment) of the Land Acquisition Act, 1894 (for brevity, 'the Act'). As the record shows it was followed by notification under Section 6 of the Act which was issued on 25.5.2005 (published in the official gazette on 12.6.2009). A draft award for the purpose of Section 17 (3A)(a) of the Act was prepared on 10.3.2009 and even compensation to the extent of 80% of the estimated amount was to be offered. Eventually notices under Section 9 of the Act were issued on 29.5.2009. However, the amount was not offered to the land owners and consequently possession could not be taken. The landowners filed representations and award was announced on 24.2.2010. The instant petition has already been filed on 1.7.2009. The award accordingly states that possession of the petitioner could not be taken. There is interim order staying dispossession of the petitioner from the land in question.

(2.) The respondent State has sought to acquire land for a public purpose, namely, for the construction of ponds in Village Budho Barkat (land of Village Bala/HB No. 122); Village Himmatpur H.B. No. 205; Satabkot (land of Village Himmatpur H.B. No. 205); Badhaiya H.B. No. 447 (land of Village Terkiana H.B. No. 204); Pul Pukhta HB No. 534, Feroze Rolian HB No. 543, Prempur HB No. 546 and Thakri HB No. 547, Tehsil Dasuya, District Hoshiarpur. It is pertinent to mention here that the aforementioned notification has been issued in supersession of earlier notification dated 16.11.2007 (published in gazette on 25.1.2008), issued under Section 4 of the Act. The noting dated 16.12.2008 (in Gurmukhi script) shows inter-alia the whole land might not be required for the Holy Bein Project and some land in addition may also be needed. It has been stated in the latest notification that since the specified land was urgently needed for the construction of ponds in the aforesaid villages under the Holy Bein Project of Punjab Government, which was to be completed within stipulated time of six months, to provide cleanliness to the surroundings and environment of Hoshiarpur District, therefore, the provisions of Section 5-A of the Act have been dispensed with by invoking the provisions of Section 17(2)(c) of the Act.

(3.) The petitioner is owner in possession of land comprised in Khasra No. 1259/2 (1-0), 1275/1 (0-16), 1275/2 (5-16), 1275/3 (1-8), Village Himmatpur, Hadbast No. 205, Tehsil Dasuya, District Hoshiarpur, as is evident from the jamabandi for the year 2002-03 (P-1). The total land measures 1 acre 1 kanal It is claimed that the land owned by the petitioner is very valuable agricultural chahi land, which is being irrigated by tubewell. There is a Gurudwara Sahib in village Himmatpur and there exists a 20' wide drain which is being used for the purpose of draining out the rainy and used water of the village. In that regard, the petitioner has placed on record a site plan (P-2).