THAKUR DWARA Vs. CHANDIGARH ADMINISTRATION & ANOTHER

JUDGEMENT

(1.) This petition filed by Shri Thakur Dwara (Temple of Shri Raghu Nath Ji & Samadhian) of village Behlana, Chandigarh, through its Mahant Sukh Dass, seeks quashing of the notification dated 19.05.2004, issued under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act"), as also the subsequent declaration under Section 6 of the said Act, notified on 11.05.2005.

(2.) Vide the above-said notifications, the land belonging to the temple, including the "Dera" and the temple itself, in all measuring 13K- 10M was sought to be acquired for the public purpose of utilisation thereof for the 5 th Signals Battalion, Central Reserve Police Force (CRPF), Mohali, in village Behlana.

(3.) Both the notifications issued, under Sections 4 and 6, also invoked the urgency provisions contained in Section 17 of the Act. However, even though the urgency clause was invoked while issuing notification under Section 4, upon a representation made to the Administrator U.T., Chandigarh and the local Member of Parliament, a decision was taken by the respondent Administration, on 04.08.2004, that objections which may be filed by the petitioner, under Section 5-A of the Act of 1894, be examined and considered.