GURBAX SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment will dispose of two Civil Writ Petitions Nos. 2726 of 1969 and 2727 of 1969.

(2.) THE writ petitioners are residents of village Budha Theh and Warriach, Tahsil and District Amritsar. On 19-9-1968 a notice under S. 3 (1) of the Requisitioning and Acquisition of Immovable Property Act No. XXX of 1952 (hereinafter called the act) was issued to the individual petitioners and other right holders of land by the district Magistrate (Competent Authority) to show cause within 15 days of service of that notice why the land detailed therein be not requisitioned. Instead of sending individual objection in response to these notices, the petitioners and a large number of other land holders of village Budeh Theh and Warriach sent a joint representation on 3-10-1968 to the Defence Minister, objecting to the requisition of this land and praying for its release. Copy of that representation was sent to the deputy Commissioner (respondent No. 3) on 9-10-1968. The Officer-in-charge of the office made this endorsement on the copy of that letter. "put up on receipt of other objections.

(3.) IN this writ petition under article 226 of the Constitution, the petitioners challenged the requisition of their land under the aforesaid Act, mainly on two grounds-