JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since the petitioners in CWP Nos. 5388 & 5547 of 1992; 4872, 5168, 5432, 5495, 5923, 7184, 7548, 8198 & 11903 of 1994; 1353, 4470, 8540, 10893, 17121 & 13303 of 1995; 1918, 2221, 2222 of 1997 challenge the notifications dated 07.05.1991 and 18.03.1992 issued by the Government of Punjab under Section 4 & 6, respectively of the Land Acquisition Act, 1894 (in short, 'the Act'), these writ petitions are being taken up together and disposed of by a common order. Vide these notifications the land of petitioners has been acquired for a public purpose, namely, setting up of Industrial Focal Point in village Dhandari Kalan, Mundian Kalan, Mundian Khurd, Bholapur and Mangli Nichi, Tehsil and District Ludhiana. The petitioner-landowners aggrieved by the subject acquisition seek release of their acquired land/properties, inter alia, on the following grounds:

(2.) Learned State counsel and the learned counsel representing PSIEC, for whom the subject land was acquired, though maintain that the acquisition was carried out for a bona fide public purpose in accordance with law and that substantial part of the acquired land has already been utilized for the said public purpose or that the remaining land could not be utilized due to interim stay orders passed by this Court, nonetheless they do not dispute the fact that the State Government at its own issued notifications dated 19.08.1999 and 31.12.2001 releasing a part of the acquired land. They are not in a position to explain whether or not the remaining unutilized acquired land is contiguous or can be utilized for the notified public purpose.

(3.) In all fairness, it may be pointed out that Mr. OP Goyal, senior counsel representing one of the respondent-industries (in CWP No. 8198 of 1994) contends that the writ petitioner is not entitled to any relief as the land was purchased by him after issuance of notification under Section 4 without filing objection under Section 5A of the Act.