GAGANDEEP KANG Vs. THE UNION TERRITORY

JUDGEMENT

(1.) THIS order shall dispose of twenty five writ petitions bearing CWP No. 2074 of 1990 pertaining to pocket No. 1, CWP Nos. 416 of 1990, 15877 of 1989, 16211 of 1990, 8670 of 1990 pertaining to pocket No. 2, CPW Nos. 3325 of 1990, 8881 of 1990, 14058 of 1990, 1034 of 1990, 3422 of 1990 pertaining to pocket No. 3, CWP No. 3125 of 1990, pertaining to pocket No. 5, CWP No. 597 of 1990 pertaining to pocket No. 6, CWP Nos. 5250 of 1991, 13116 of 1990 pertaining to pocket No. 9, 2821 of 1992 pertaining to pocket No. 10, CWP Nos. 12595 of 1990, 12596 of 1990, 15095 of 1991, 10145 of 1991, 5724 of 1992, 5103 of 1992, 15117 of 1991 pertaining to pocket No. 11, CWP Nos. 765 of 1992, 7774 of 1992, 11372 of 1990 pertaining to Kalagram as common questions of law and fact are involved. Pocket Nos. 1 to 6 are part of Scheme No. 2 whereas pocket Nos. 9 to 11 are part of Scheme No. 3.

(2.) THE facts are taken from writ petition No. 2074 of 1990. The petitions where the additional points have been raised are also dealt with in this order. On 25.5.1989, Chandigarh Administration published a notification that the land measuring 29.07 acres (Pocket No. 1) is likely to be needed for public purpose, namely for development of residential-cum-commerical complex, Scheme No. 2 of the Notified Area Committee, Manimajra. It is the grievance of the petitioner that the notification was not published in terms of the provisions of Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as Rs.1894 Act') as amended by the Land Acquisition Act, 1894 and, thus, they have been deprived to file objections under Section 5-A of 1894 Act. Since the publication of the notification under Section 4 of the 1894 Act was not proper, the subsequent publication of the notification under Section 6 of the said Act, dated 11.9.1989 declaring that the acquisition of land measuring 29.07 acres for the public purposes is wholly illegal and against the statutory provisions. The petitioners have stated that they are owners of land measuring 13 kanals 1 marlas which is part of the acquisition. The ex-parte award was announced on 5.1.1990. The petitioners came to know of the issuance of notification under Sections 4 and 6 of the Act and about making of the award in the end of January 1990 and filed the writ petitions without unnecessary and inordinate delay, on 16.2.1990.

(3.) IT was further pointed out that the award for the land relating to pocket Nos. 1 and 4 had been announced on 5.1.1990 and that in respect of pocket No. 2 the award had been announced on 5.2.1990 and in respect of Pocket No. 6 on 15.1.1990. The land of the petitioner is situated in pocket No. 1 only. The total amount awarded is Rs. 63,30,699/-, out of which Rs. 41,97,723/- has been received by other land-owners. The awards for pocket Nos. 1, 2, 4 and 6 have been announced compensation in respect thereof paid and received by most of the land-owners.