KULDIP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By filing this writ petition, an objection has been raised to the acquisition of land, proposed to be acquired vide notifications, issued on 29.7.2010 and 29.4.2011 under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, the Act). The land is going to be acquired for a public purpose, namely, to lay down a railway line upto ''Thermal Plant'', under construction at village Bihari Pur tehsil Khadoor Sahib district Tarn Taran.

(2.) By making reference to the site plan, counsel for the petitioner states that let the railway line be not constructed as per the alignment shown with red lines, (land under acquisition), instead it be constructed through alignment shown as blue in the site plan. Besides as above, it is also mentioned that vide the acquisition in question, cultivable land is going to be acquired.

(3.) After hearing counsel for the parties, we are not inclined to interfere in the proposed acquisition. The authorities are the best judge to lay down railway line. The Court cannot substitute its opinion to the same unless action taken by the authorities is perverse in law and on facts. No such illegality has been indicated. It is apparent from the record that earlier also, the petitioner came to this Court by filing CWP Nos.3259 of 2011 and 3670 of 2011, which were rendered infructuous because notification, earlier issued under Section 6 of the Act, was withdrawn and thereafter an opportunity of hearing was given to the petitioner and vide a detailed order dated 1.4.2011, his objections were rejected. We feel that there is no illegality in the order, mentioned above.