OM PARKASH MITTAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner whose property, commonly known as "Jubilee Hotel" (Survey No. 257 measuring 8.09 standard acres at Jullundur Cantt.) was initially requisitioned on 10th May, 1983 by the competent authority (District Magistrate, Jullundur) under the Defence of India Act, 1962, for accommodating married military officers, vide order Annexure P-1, impugns the initiation of proceedings for the acquisition of this property with the issuance of a notification under section 4 of the Land Acquisition Act, 1894 (for short, the Act) on 12th November, 1976, on various grounds. A copy of this notification under section 6 of the Act (Annexure P-4) published on 3rd June, 1977.

(2.) The primary challenge to the first notification under section 4 is on the ground that it does not contain the purpose for which the property in question is sought to be acquired or in other words, the purpose has been stated so vaguely that it cannot be held to be any compliance of section 4 of the Act. The operative part of this notification read as follows :-

(3.) A bare reading of the relevant part of the impugned notification already reproduced above makes it abundantly clear that instead of stating the purpose for which the land is sought to be acquired, what has been stated is by whom the land is required. No purpose whatsoever has been stated in this notification. In the above-noted Supreme Court judgments where similar notifications under section 4 of the Act had been quashed what had been stated in the impugned notifications was that the land was needed for "planned development of the area" and it was held that this did not amount to any compliance with the requirements of section 4 of the Act. The case in hand is much worse than what was before their Lordships of the Supreme Court in the above-noted judgments. As already pointed out, the present impugned notification is totally silent about the purpose for which the land is needed, The Government of India may need a particular land for a variety of the reasons or purposes. Simply to mention that land is needed by the Union of India or for purposes of the Union of India does not disclose any purpose for which it is needed. In the light of this, the impugned notification apparently cannot be sustained. It has repeatedly been held that the issuance of a valid notification under section 4 is the bed-rock of all acquisition proceedings and in the face of any infirmity in such a notification, the entire acquisition proceedings are non est or void. In the light of this legal position, the subsequent notification (Annexure P-6) has automatically to fall.