LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The acquisition of a strip of land measuring 8500 feet in length within the revenue estate of village Bhullar, Tehsil and District Muktsar is the bone of contention in this writ petition.

(2.) The petitioners are the owners of the acquired land, Khasra numbers whereof were duly mentioned in one of the notifications, under challenge, dated 14.05.2012 (Annexure P2) issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as, the 'Act')

(3.) The above-mentioned land was earlier acquired vide notifications dated February 18, 2010 and April 15/16, 2010 issued under Sections 4 and read with Section 17 of the Act. The public purpose of the acquisition was "construction of drain RD 6700/R to connect it with RD 0-8500 out falling to Bhullar Field Drain". The urgency clause was invoked to justify the acquisition to resolve the problem of water logging. This Court, however, disapproved the action of invoking the urgency clause and consequently refraining the petitioners to file objections under Section 5-A of the Act. The above mentioned notifications were consequently quashed vide order dated 14.03.2011 passed in CWP No.8129 of 2010 (Lakhbir Singh and others v. State of Punjab and others). Liberty was, however, granted to official respondents to issue fresh notification for acquisition of the land, if need be.