HUKAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of 9 writ petitions i.e. CWP Nos. 12360, 12292, 13801, 10034, 13949, 15667, 13507, 13802 and 16570 of 2010 which have arisen out of acquisition proceedings for land measuring 192.75 acres initiated by the respondents for the lands in question vide notification No. 6/19/2009/6HG-I/2224 dated 10.8.2009 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') for a public purpose, namely, for development of missing linkII (from Dhandra road to Sidhwan Canal via Malerkotla Road), Ludhiana and notification No. 6/20/2009-6HG-4/2230 dated 10.8.2009 for a public purpose, namely, for development of residential urban estate along proposed road from Dhandra road to Sidhwan Canal via Malerkotla Road, Ludhiana mainly to adjust oustees of above said road for land measuring 59 acres 1 kanal 12 marlas. CWP Nos. 12360, 13802, 15667, 13949, 10034 of 2010 relates to acquisition of an area measuring 192.75 acres of land for development of Missing Link-II whereas CWP Nos. 16570, 13507, 12292, 13801 of 2010 pertain to development of Urban Estate for oustees. Further challenge has also been laid to notification issued under Section 6 of the Act on 8.2.2010 and the award No. 4 of 2010 dated 7.8.2010 in the cases known as Missing Link-II and notification issued under Section 6 of the Act on 8.2.2010 and award No. 3 of 2010 dated 7.8.2010 in the cases pertaining to Urban Estate for oustees.

(2.) WITH the consent of the parties, all these cases were ordered to be heard together. The arguments were heard in CWP Nos. 12360 and 12292 of 2010 and were treated to be the lead cases in each category.

(3.) CHALLENGING the aforesaid acquisition proceedings, it has been averred in the writ petition that the land has been acquired without taking out survey of the area sought to be acquired and without taking into consideration the objections filed by the petitioners. The respondent-State had already acquired land for the purpose of a Bye Pass which is four lane dual carriage way. Proposed acquired land for the road passes through many residential houses and before framing the scheme for acquisition, it was not taken into consideration that the petitioners as well as other people, who are running their industries and commercial establishments from their respective premises, had spent huge expenditure for its construction and it will cause immense loss to them and the petitioners have no source of income other than the income from growth of agricultural land. Moreover, the proposed scheme for acquisition is vague. The proposed road goes in a jig jag manner as its width at some places is wide whereas the land belonging to the influential persons has been left out and the width at such places is narrow and therefore, different yard sticks have been adopted by the respondents under the political influence. An objection has also been raised that no Master Plan/Zonal Plan has been framed and in fact, the whole exercise to acquire the land for the alleged road terming it as 'Missing Link' is nothing but abuse of power at the behest of builders. In fact, the proposed Missing Link is a redundant project and it is sought to be revived by the respondents for 'mala fide' reasons at the behest of the powerful lobby of colonizers. The proposed 'Missing Link', which was envisaged in the year 1998, was not considered feasible and it was recommended that the same will not serve any useful purpose and in fact, the Government had accepted the proposal and the scheme was dropped on 26.2.2008. Further objection has been raised in the writ petition that no Master Plan is made in accordance with the provisions of the Punjab Regional Town Planning and Development Act, 1995 (in short the 'Punjab Act') and thus, the acquisition of the land was against the provisions of the Punjab Act and was liable to be quashed.