JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners belong to villages Palahi, Chak Hakim and Parsrampur respectively, District Kapurthala and as per their case are living in these villages in small houses constructed by them. The State Government issued a Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), which was published in the Gazette on 12.5.1995, notifying its intention to acquire the land belonging to the petitioners and other landowners for the purpose of setting up an Industrial Focal Point. Information of the Notification was given in the locality and was also published in two Newspapers on the same date. Some of the petitioners filed their objections under Sec. 5 -A of the Act, but after consideration they were rejected. A declaration under Sec. 6 of the Act followed which was published in the Official Gazette on July 03, 1995, in the Indian Express on July 05, 1995 and Nawan Zamana on July 08, 1995.

(2.) Aggrieved thereby, the petitioners filed the present petition in September, 1995 and an order of status -quo with respect to possession was also made by this Court on 13th September, 1995. This petition was admitted for hearing on 29th July, 1997 and was ordered to be listed for final hearing within six months but has, ultimately, come up for hearing today.

(3.) The learned counsel for the petitioners has raised two preliminary arguments; firstly that the declaration under Sec. 6 of the Act itself, was published beyond a period of one year from the date of publication of the Notification under Sec. 4 of the Act and the declaration was, therefore, non -est; and secondly, as the areas proposed to be acquired had earlier been declared to be a controlled area by a Notification dated 20.11.1974 issued under the Punjab Schedule Roads and Controlled Area (Restriction of Un -regulated Development) Act, 1963, which specifically provided that this area could not be acquired for use for industrial purposes, the acquisition was bad for this reason as well.