HARPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of 4 writ petitions Nos. 15201, 17433, 17491 and 17748 of 1991, as challenge in these writ petitions is to the same notification issued under Ss. 4 and 6 of the Land Acquisition Act Annexure P 1 attached with C. W. P. No. 15201 of 1991. Board facts are taken from this writ petition.

(2.) VIDE notifications dated August 5, 1991, August 13, 1991, published in Punjab Gazette (Extra) on August 19, 1991, issued under Sec. 4 of the Land Acquisition Act (hereinafter called 'the Act') the State intended to acquire 66. 60 acres of land in revenue estates of Mughal Majra and Nasrali, Tahsil Nabja, District Patiala, for a public purpose i. e. for the construction of Truck-stand (Gobindgarh.) Resort to provision of S. 17 (2) of the Act was had as the land was urgently needed for the aforesaid public purpose which in the opinion of the Government was of urgent and emergent nature as there was great nuisance in city of Gobindgarh as trucks used to be parked in the streets along the G. T. Road, and there was hinderance to the traffic of the town. Provision of S. 5-A of the Act were not to be made applicable. Simultaneously notification under Section 6 of the Act was issued, Assistant Collector/sub-Divisional Magistrate was directed to take order for the acquisition of the land and to proceed to take possession of land measuring 27. 61 Acres, specific khasra number being described in the notification, aforesaid. The land was acquired by the Stale Government at the instance of the Municipal Committee, Gobindgarh. The land was required by the Municipal Committee and reference was made by the Municipal Committee to the State Government under S. 58 of the Municipal Act.

(3.) THE petitioners are landowners in all these writ petitions of the two revenue estates of the, villages aforesaid. Since 1985 the Municipal Committee, Amloh was considering to acquire the land for the Truck Union. The matter was also under consideration, of the State Government. It was in 1991 that at the instance: of the Municipal Committee, Gobindgarh, the State Government issued the impugned notifications. The petitioners were issued notices under Sec. 9 of the Act on August 27, 1991. They were required to appear before the Land Acquisition Collector on August 30, 1991. Clear notice of 15 days as required under the law was not given to the petitioners to file objections. The substance of the notification was not published in the locality in accordance with the provisions of the Act. The petitioners claim to be small land-owners and solely dependent for their livelihood on agriculture. The acquisition proceedings were challenged inter alia on the grounds that in the impugned notification reference was made to Sec. 58 of the Land Acquisition Act, and no such provision existed for the purpose. State Government did not apply its mind while issuing the notification. On the facts of the case provisions of S. 17 could not be made applicable. The matter of consideration of truck-stand was under consideration of the State Government for more than a decade. The State could afford 30 days for giving notice to the landowners to raise objections as required under the Act. The land was required for a purpose which was not covered under S. 58 of the Municipal Act.