BHARTIYA KISSAN UNION Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Bhartiya Kissan Union (Punjab) is the petitioner. It alleges that the Sugarcane Research Centre, Jalandhar, was established in the year 1934. It is located on an area of 104 acres of land. It is doing useful work on "varietal, cultural, manurial and insecticide aspects of sugarcane crop." It is one of the leading institutions in the northern India. Its performance has been recognised by various agricultural scientists. Despite this, the State Government has taken a decision to shift the centre and set up a Medical Institute. On this basis, the petitioner prays that the State Government be restrained from closing "wholly or partially Sugarcane Research Centre, Jalandhar" and that all decisions of the Council of Ministers and the Punjab Agricultural University to close or shift the Sugarcane Research Station be quashed.

(2.) THE respondents contest the petitioner's claim. It has been inter alia averred that the petitioner has concealed material facts. In fact the Institution was located on an area of 165 acres. 60.77 acres were taken over for setting up the Punjab Institute of Medical Sciences. The Institute was then running on an area of 104.23 acres. On May 5, 1997, it was decided that the land be sold, so as to raise resources for setting up of the Medical Institute. It has been further pointed out that the alternative land has been allotted for the Sugarcane Research Station. Even though the farms at Kartarpur, Dhogri and Lesriwal were initially transferred to the respondent/University, it was finally decided to transfer 1000 acres of land at Ladowal near Phillaur. The counsel for the Punjab Urban Development Authority has produced before us a photo copy of the letter dated May 8, 2001 from the Director, Sugarcane Research Station, Jalandhar, indicating that the farm at Ladowal has been given for setting up the Sugarcane Research Centre to the Punjab Agricultural University. This letter is taken on record as mark 'A'. It has also been stated that an amount of Rs. 15 crores has been given to the Research Station for creating the infrastructure etc. at the new site. Besides the above, the respondents have also pointed out that the Research Centre at Jalandhar is situated almost in the midst of the town. The use of insecticides, pesticides etc. in the populated area carries with it various problems. Even otherwise, on account of the sugarcane crop, the area is "infested with rodents and snakes". Thus, it is only proper to shift the Research Centre. To ensure that the research work does not suffer, it has been provided that "the existing facilities, such as laboratories and offices and research crops located in approximately 45 acres of land shall continue to be in possession of the Agricultural University till the new site is fully operational." On these premises, the respondents contest the claim of the petitioners and pray that the writ petition be dismissed.

(3.) THE claim made on behalf of the petitioner has been controverted by the learned Counsel for the respondents.