GURDIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a writ-petition, under Articles 226 and 227 of the Constitution, for impugning two notifications (Annexures 'a' and 'b'), under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter called the 'act') published simultaneously in the Punjab Govt. Gazette dated Sept. 23, 1969. In the notification under Section 6, there was a direction to the Collector under Section 17 (2) (c) of the Act that he should proceed to take possession of the land specified in the notification.

(2.) THE aforesaid notifications are being impugned on various grounds, but only one of them has now been pressed by the learned counsel for the petitioner before me. It is urged that no public notice of the substance of the notification (Annexure A), as required by the mandatory provisions of Section 4 (1) of the Act, was published by the Collector (Respondent No. 2) at convenient places in the locality where the land in question is situated. It is further urged that on account of non-compliance with this peremptory requirement of law, the entire proceedings founded on the notification were null and void. In support of his contention, learned counsel has referred to Khub Chand v. State of Rajasthan, AIR 1967 SC 1074, and Satnam Singh's case (1969) 71 Pun LR 345. This ground of challenge is incorporated in paragraph 3 (ii) of the writ-petition.

(3.) IN the affidavit filed by Shri Kesho Ram, Director of Food and Supplies and Joint Secretary to Government, Punjab, on behalf of Respondent (No. 1), it is stated that paragraph 3 (ii) concerns the Collector. In reply to this allegation of the petitioner, that the notice under Section 4 (1) was not published in the locality, Shri Amrik Singh Pooni, Collector, in his affidavit stated: