BHAGWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhagwan Singh, petitioner, owns lands within the area of village Mundian Kalan on the Chandigarh - Ludhiana road, adjoining the Jamalpur Electricity Sub-Station Because of its proximity to the Ludhiana City, it has great potential value for development. The petitioner has planted about 2,000 of trees in this land.

(2.) The State of Punjab issued a notification under Section 4 of the Land Acquisition Act (hereinafter called, 'the Act) on the 16th of June, 1967, declaring its intention to acquire 375 acres of land in village Mundian Kalan. No particulars of the land intended to be acquired were given. The Khasra Numbers or other particulars of the land were not mentioned. The notification was absolutely vague, and incapable of ascertainment. Since the land to be acquired was not specified and there was more land in the village than was sought to be acquired, the petitioner could not know if the notification pertained to his land and he could not file any objection against the proposed acquisition. Hearing ruemours in the village, the petitioners alongwith other villagers made a general sort of representation to the Chief Minister, Punjab, on the 14th August, 1967, praying that their land should not be acquired. Vide a letter dated the 2nd of September, 1967, the petitioner was informed that his representation had been forwarded to the Director of Industries, Punjab for comments. Nothing further was heard from the Government. 9.36 acres of the petitioner's land was acquired vide a notification dated the 26th September, 1968, issued under Section 6 of the Act. The petitioner did not challenge this acquisition in the hope that no further lands of petitioner will be acquired. However, he was shocked to know that another notification dated 22nd February, 1969, was issued under Section 6 of the Act acquiring about 12.5 acres of his land. Aggrieved by this notification, the petitioner had filed the present writ petition. He has challenged the notification issued in June, 1967, as absolutely illegal, unjust and untenable, inter alia on the grounds that the notification under Section 4 of the Act was absolutely vague : that the particulars of the land sought to be acquired were not mentioned. It was only mentioned that 375 acres of land in village Mundian Kalan was intended to be acquired. Because of lack of any particulars of the land in the notification the Act. It is a valuable right of the landowner to file objection under Section 5-A of the Act. The State has not taken recourse to the provisions of Section 17(4) of the Act and had not dispensed with the provisions of Section 5-A thereof. An area of land measuring 9.36 acres having been acquired from the petitioner in view of the notification issued under Section 6 of the Act, no further land of his could be acquired in pursuance of the same notification issued under Section 4 of the Act.

(3.) The respondents appeared and filed written statements, wherein it was clearly admitted that the particulars of the land were not given in the notification under Section 4 of the Act. It was only mentioned that 375 acres of land in the area of revenue estate of Mundian Kalan was intended to be acquired. However, it was averred that the petitioner had filed an objection dated the 14th August, 1967 against this notification to the State Government and these objections were duly considered by the State Government. It was admitted that a notification dated the 22nd February, 1969, under Section 6 of the Act was issued and further area of the petitioner was acquired. It may be mentioned here that respondent No. 2 is the Collector. He has not averred in written statement that any objections under Sections 5-A of the Act were received by him.