AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) About 27 acres, 4 kanals 9 marlas of land including an area of 45 kanals 17 marlas belonging to petitioner No. 1 and 30 kanals marlas belonging to petitioner No. 2 in village Manipur Chaiyan, Tehsil and District Ropar was notified on June 18, 1991 for acquisition under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') at Public expense for a public purpose, namely, for the construction of SYL Ropar Power House for the Punjab State Electricity Board. Earlier, the State of Punjab had acquired land for the proposed Hydel Channel from point 'A' to 'C' as shown in the certified copy of the plan placed on the record as Annexure R1 through a separate notification issued under Section 4 followed by a notification under Section 6 of Act. The respondents had taken possession of the acquired land at site from point 'A' to 'C' and the award of the Land Acquisition Collector in regard to that acquisition had also been announced. The excavation of earth work from point 'A' to 'C' had been completed to the extent of about 30 per cent for the proposed Power House and the Government required land for the excavation of the entire length of the Hydel Channel point 'C' to 'F' as a result whereof the impugned notification dated June 18, 1991 acquiring the aforesaid area was issued. Since the land for the aforesaid purpose from point 'A' to 'C' had already been Power acquired and construction work in regard to the Power House and the Hydel Channel was in progress, acquisition of land from point 'C' to 'F' which constituted the second limb of the Hydel Channel, being obviously of an urgent nature was sought to be acquired and a proposal in this regard was sent to the State Government impressing upon its urgency involved so that 9900 Cusecs of water could be merged in river Satluj at point 'F'. Accordingly, the urgency provisions were invoked under Section 17 of the Act on the receipt of the report dated December 4,1990 received from the Deputy Director. The notification dated June 18, 1991 is challenged 'in the present writ petition under Article 226 of the Constitution on the following three grounds :-

(2.) Having heard counsel for the parties at length and after going through their pleadings and documents including the certified copy of site plan of Ropar Hydel Power House, we find no merit in any of the contentions advanced on behalf of the petitioners.

(3.) As regards the first contention, we are satisfied that the matter involved utmost urgency as on the land from point 'A' to 'C' which already stood acquired, the construction work of Ropar Hydel Power House as also the proposed Hydel Channel was already in hand and with a view to complete the project including the entire length of the Hydel Channel from point 'C' to 'F' the present acquisition was absolutely necessary and urgently required. This is clear from a bare look at the plan. Moreover, in the preliminary inquiry made by the respondents prior to the issuance of the impugned notification on the basis of which land in question was sought to be acquired and urgency provisions invoked, the Executive Engineer, Civil Construction & Survey Division, Rajpura, had as per his communication dated February 6, 1991, mentioned the following three reasons for invoking the emergency provisions which were accepted by the State Government :