STATE OF PUNJAB Vs. DES RAJ MEHTA

JUDGEMENT

(1.) THIS judgment disposes of L. P. A. No. 84 of 1983 as well as L. P. A. No. 32 of 1983. Both these appeals have been filed by the State of Punjab against the judgment of learned Single Judge. It may be stated here that the notifications under the Land Acquisition Act were quashed by the learned Single Judge in C W P No. 1931 of 1974 against which L. P. A No. 84 of 1983 has been filed. The same notifications were under challenge in C. W. P. No. 1437 of 1974 and since in The earlier writ petition the same notification had been quashed, the learned Single Judge allowed that writ petition also and quashed the notification qua the petitioners in that case. L P. A. No. 52 of 1983 has been filed by the Stats of Punjab against that judgment which was ordered to be heard with L P. A. No. 84 of 1983 by the admitting Bench.

(2.) THE learned Single Judge held that there had been no publication of the substance of the notification under Section 4 of the Land Acquisition Act in the locality and allowed the writ petition so far as the petitioners were concerned

(3.) THE point of law which arises for determination in these appeals is that if there is non-compliance of the mandatory provisions of Section 4 (1) of the Land Acquisition Act (hereinafter called the Act) to the extent that there is no due notice of the substance of the notification in the locality and still the objections under Section 5-A of the Act are filed by the land owners, whether the acquisition is vitiated ipso facto or only if prejudice is shown by the land owners, only then the acquisition is vitiated.