MUNSHI RAM CHHABRA Vs. U T CHANDIGARH

JUDGEMENT

(1.) The petitioners have challenged the notification dated 19.6.2002, Annexure P-8 under Section 4 of Land Acquisition Act (for short hereinafter to be referred as "the Act") and notification dated 29.11.2002. Annexure P-11, published under Section 6 of the Act for acquisition of 91.656 acres of land situated in village Raipur Kalan and land measuring 61.39 acres situated in village Mauli Jagran, for the purpose of setting up of industrial area and other allied uses 3rd phase near Mauli Jagran.

(2.) The petitioners have challenged the said acquisition alleging that they have installed 3 brick kilns in the land falling part of the above notification at the cost of Rs. 15 lacs each in installing 3 high chimneys of 125-130 feet. These chimneys with chambers were installed in compliance with the directions issued by the Chandigarh Pollution Control Committee. They have also got requisite licence from Chandigarh Administration under Chandigarh Control of Bricks Supplies Orders, 1972.

(3.) It is stated that some part of the land owned by the petitioners was intended to be acquired, vide notification dated 18.11.1992, Annexure P-6, under Section 4 of the Act. The petitioners have challenged the said acquisition in a writ petition which is pending before this Court. Another writ petition was filed since the respondents had not announced the award within the mandatory period, which is also pending before this Court. Subsequently, the Administration intended to acquire 40 acres of land which included some land of the petitioners vide notification dated 4.4.1994, Annexure P-7 for rehabilitation of the labour colonies. However, another notification under Section 4 of the Act has been issued on 19.6.2002, Annexure P-8 to acquire land measuring 93.13 acres in village Raipur Kalan and 61.39 acres of land in village Mauli Jagran for the public purposes of .setting up of industrial area'. The petitioners have alleged that publication of the substance of such notification in the locality is merely paper entry and no proper publication was ever done. However, a Rojnamcha Wakiati has been attached as Annexure P-9 with this petition which reads as under;-