LAWS(P&H)-2021-9-96

RAKESH KUMAR Vs. STATE OF PUNJAB

Decided On September 30, 2021
RAKESH KUMAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioners are seeking to quash the impugned acquisition/notifications dtd. 18/8/2009 (Annexure P-ll) dtd. 25/5/2010 (Annexure P-12) issued under Ss. 4 and 6 of the Land Acquisition Act, 1894 (for short Act, 1894) respectively and the Award No. 1 dtd. 3/12/2013 (Annexure P-13) passed by the Land Acquisition Collector on the ground that the award had not been passed within two years from the date of declaration and by operation of Sec. 11-A of the above said Act, the entire proceedings of the acquisition have since lapsed.

(2.) The petitioners have further sought relief of releasing the residential houses and shops from acquisition and to extend the benefit of the relocation of plots as per policy dtd. 8/2/2014 (Annexure P-15) or in the alternate, to pay compensation under the new Act namely Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'Act, 2013').

(3.) After issuing notification under Sec. 4 dtd. 18/8/2009 of the Act, 1894 (Annexure P-ll), a declaration under Sec. 6 of the Act, 1894 (Annexure P-12) was made on 25/5/2010. By invoking provisions of urgency of Sec. 17 of the Act, 1894 and without affording opportunity of hearing, the land owners were deprived of their legal and fundamental right to file objection under Sec. 5-A of the above said Act. The total land measuring 62 acres and 7 marlas of five villages namely Nangli, Bhanupali, Jandla, Daroli and Bhalowal, Tehsil Nangal, District Ropar has been acquired.