MANGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this order two writ petitions (Civil Writ Petition Nos. 8856 and 13886 of 1991) are being disposed of as the same notification issued under the provisions of the Land Acquisition Act (for short called 'the Act') is under challenge in these petitions. Broad facts are taken from Civil Writ Petition No. 8856 of 1991.

(2.) A sugar mill was to be set up in district Patiala. The state of Punjab constituted a Site Selection Committee under the Chairmanship of Managing Director, Sugarfed (respondent No. 2). The committee was to select suitable site for installation of be sugar mill. The guidelines to be kept in view for the purpose are contained in Annexure P.1. The meeting of the Selection Committee took place on May 21, 1990 in the office of the Sub-Divisional Magistrate, Samarla. There were four proposals for consideration before the Committee with respect to the following sites :-

(3.) The Committee selected site at Deogarh Hariphari and Harion. Copy of the proceedings of the Committee is Annexure P.2. In this writ petition the petitioners are landowners of village Harion whereas in the connected writ petition the petitioners are land-owners of Deogarh Harphari and Harion. The Panchayats of the villages opposed setting up of the sugar mill at the selected site. About 40 Panchayats passed resolution in this respect. Names of different Panchayats were mentioned in the writ petition. According to the petitioners site in village Khanewal was most suitable for installation of the sugar mill as the sugarcane was easily available there. The right-holders of that village had given in writing that they had no objection if their land was acquired on reasonable compensation. The land of Khanewal fulfils all the guidelines given in Annexure P.1, whereas the land of village Harion did not fulfil the guidelines. Different points we mentioned in the writ petition on this subject. Representation was also made to the Governor of Punjab not to accept the recommendations of the Committee. Copy of the representation is Annexure P.3. The former Chairman of the Market Committee, Patran, also addressed a letter to the Governor, Punjab, on May 2, 1991, with copies to the Chief Secretary, Punjab, and Managing Director of the Sugarfed requesting or setting up of the mill at Khanewal. It was asserted that the site in dispute was selected for extraneous consideration and under political pressure. The Deputy Commissioner who was member of the Committee was influenced by the businessmen of Patran. Shri Baldev Singh Loomba, former M.L.A. also influenced the selection of the site in dispute through Shri C.L. Bains, IAS. The State Government issued notification Annexure P.5 intending to acquire 75 Acres, 6 Kanals and 18 Marlas of land of villages Harion Khurd, Deogarh and Hamjheri. The notification is dated May 7, 1991 under section 6 of the Act which is under challenge.