BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners seek quashing of the Notification dated July 14, 2000 and September 10, 2002, issued under Sections 4 & 6 read with Section 17 of the Land Acquisition Act 1894. The land was acquired for the public purpose of construction of "Kalru Link Drain upto RDC -8355.60" in Tehsil Kapurthala/Sultanpur District Kapurthala. The petitioners are the owners of subject land situated within the two revenue estates of village Kahne & Kalru Tehsil Kapurthala & Sultanpur Lodhi, District Kapurthala. The 'public purpose' of the subject acquisition is not in dispute.

(2.) THE short question that arises for consideration is whether the respondents were justified to invoke the urgency clause under Section 17 of the Land Acquisition Act, 1894?

(3.) SUFFICE it to observe the if the respondents could wait to publish the declaration under Section 6 for a period of over 2 years, there was no rhyme or reason for them not to give an opportunity to the land owners to submit their objections under Section 5 -A for which only a month's time is prescribed. It is an admitted fact that no opportunity to submit objections was granted nor such objections were considered before issuing Section 6 Notification.