SHYAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the notification dated 28.10.2003 (Annexure P. 12) published under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') and the notification dated 9.12.2011 (Annexure P. 17) published under Section 6 of the Act intending to acquire land including the land of the petitioners for the stated public purpose i.e. setting up of 'New Anaj Mandi'. Vide notification dated 28.10.2003, land measuring 30 acres 6 kanals 10 marlas was intended to be acquired located in Village Kurali and Charharhi. Earlier, the State invoked urgency provisions and published notification under Section 6 of the Act on the same date, but in a challenge to the such acquisition proceedings at the instance of some of the petitioners, this Court on 04.07.2006 in C.W.P. No. 17704 of 2003 titled 'Gurcharan Singh v. State of Punjab & others' set aside the notification under Section 6 of the Act published, but granted liberty to the State to proceed with the acquisition proceedings from the stage of publication of Section 4 notification. Still aggrieved, some of the petitioners filed Special Leave Petition before Hon'ble the Supreme Court. The Special Leave Petition was dismissed on 18.01.2011. It is, thereafter, notification under Section 6 of the Act was published declaring that the land measuring 21 acres 16 marlas is required for a public purpose after considering objections filed by the petitioners under Section 5A of the Act.

(2.) THE objections of the petitioners under Section 5A of the Act are inter -alia to the effect that earlier, the State has issued a notification under Section 4 of the Act on 01.07.2002 intending to acquire land measuring 21 acres 6 kanals 15 marlas. However, the State did not proceed with the acquisition in pursuance of the said notification in view of the communication from Minister for Animal Husbandry, Punjab suggesting that the Mandi be set at some other place. Thereafter, the present notification has been issued. It is also contended that the acquisition proceedings have been carried out due to political pressure and not for any public purpose and that 30 acres of land owned by shamlat deh since transferred to Municipal Council is available over which the New Anaj Mandi can be set up. It is also pointed out that there exists residential houses of the petitioners over the land, which are sought to be acquired. The petitioners have appended lay out plan (Annexure P. 20) pointing out that the land which does not form part of acquisition in notification under Section 6 of the Act and also the land, which forms of acquisition.

(3.) DURING the course of hearing yesterday, the State was directed to produce a lay out plan pointing out the construction existing on the land, which does not form part of notification under Section 6 of the Act and on the land under acquisition.