NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Narinder Singh and others have filed this petition under Articles 226 and 227 of the Constitution of India, for the issuance of an appropriate writ or order, directing the respondents not to proceed with the digging of the water drain without going through the legal formalities. The facts of this case as given in the petition may briefly be stated thus :-

(2.) Written statement has been filed by Shri Sukhbir Singh, I.A.S., District Magistrate, Amritsar, in which the material allegations made in the petition have been controverted. It is specifically stated that the land through which the drain is to be dug, has been requisitioned in accordance with law under the Punjab Requisitioning and Acquisition of Immovable Property Act, 1953 (hereinafter referred to as the Act).

(3.) The main ground urged before me by Mr. Shahpuri, learned counsel for the petitioners, is that the notice alleged to have been issued under Section 3 of the Act was illegal as it did not comply with the mandatory provisions of Section 3 of the Act inasmuch as the purpose of the requisition has not been mentioned and as such requisition made in pursuance of that notice, is illegal and ineffective.