CHUHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in this writ petition is to the notification under Section 4 of the Land Acquisition Act (hereinafter called the Act) issues vide Annexure P.3, notification under Section 6 of the Act issued vide Annexure P.4 and to the notice under Sections 9(1) and 10 of the Act issued vide Annexure P.6. The main contention of the learned counsel for the petitioners is that there was a delay of more than 16 days in the publication of the notification in the locality. The only explanation furnished in the return filed on behalf of respondent No. 4 in para 7(i) thereof is that the notification issued under Section 4 read with Section 17(i) of the Act was duly published in the official Gazette as the same was received in the office of the Land Acquisition Collector from Amritsar Drainage Circle, Amritsar on 7th September, 1981 which was immediately despatched to the Naib Tehsildar for compliance. From the perusal of the record, it is clear that the Patwari got the publication made by beat of drum and other mode of service in villages Salkhurd, Haon and Jandiala on 10th September, 1981, 11th September, 1981 and 12th September, 1981, respectively. This is hardly an explanation which can be accepted for the delay of 16 days. Under these circumstances, this writ petition is liable to succeed. Consequently, the notifications and notices issued vide Annexure P.3, P.4 and P.6 respectively are hereby quashed. The State Government would be at liberty to issue fresh notification in accordance with law.