BHAGAT SINGH HIRA SINGH Vs. STATE OF PATIALA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution.

(2.) Of the four Petitioners the first three are owners of land in village Panchhat in the jurisdiction of Kapurthala district and the fourth-Petitioner is a mortgagee of some area of land concerned in this petition. In Such. 'A' to the petition are described the full particulars and the-areas of lands belonging to the Petitioners. The total area comes to 46 kanals. On 30th May, 1953 the Government issued Notification No. 5663/LA for acquisition of land for Juliunder Branch of the Bhakra Canal and in that Notification among the three villages within the areas of which the land was to be acquired is mentioned village Panchhat in tehsil Phagwara of Kapurthala district and the area to be acquired is stated as 33 acres. The Petitioners' case is that at the instance of the Irrigation Department of the Punjab Government,, the Pepsu Government made enquiries from the Deputy Commissioner of Kapurthala district on the question where the alignment of the Jullundur Branch should be laid in the area of village Panchhat and the Deputy Commissioner reported back that it should be 2000 feet away from the village. This suggestion was accepted and demarcation and excavation work for alignment of the Juliunder Branch started at that distance from the village but that in the month of October, 1953, under the influence of some important persons, the Pepsu State, Respondent No. 1, and the Deputy Commissioner of Kapurthala district, Respondent No. 2, arbitrarily, in an abuse of their power, changed the line of alignment from a distance of 2000 feet from the village to about 750 feet from the village In November, 1953, the Tehsildar of Phagwara delivered possession of the land of the villagers of Panchhat, including the Petitioners, to the executive Engineer of Alawalpur Division, and Shri K.K. Jagia, Sub-Divisional Officer incharge of Bhakra, Canal area of village Panchhat, respectively Respondents Nos. 3 and 4, who in their turn started digging operations on the land for the Juliunder Branch Canal through the contractors, Respondents No. 6.

(3.) Separate replies have been made by the learned Advocate General of Pepsu on behalf of Pepsu State and the Deputy Commissioner of Kapurthala district, Respondents, Nos. 1 and 2, and by the learned Assistant Advocate General of Punjab on behalf of Respondents Nos. 3 to 52. No reply has been put in by or on behalf of the contractors, Respondents No. 6 The replies, of Respondents Nos. 1 to 5 cover the same grounds. The replies state that the Punjab Government in the Punjab P. W. D. Irrigation Department, under the. authority and decision of the Bhakra Control Board, and with the consent 'of the Pepsu State Government, is constructing the Jullundur Branch of the Bhakra Canal through Jllundur district of the Panjab and Kapurthala district of-Pepsu and that Canal will irrigate .the lands in both the .districts. At the instance of the Punjab Government, the Pepsu State Government issued Notification No. 5663/LA, dated 30th May, 1953, acquiring land, including 33 acres in the area of village Panchhat, of three villages through area of which the Canal is to be constructed, Kapurthala district. The Canal is being constructed to serve the common interest of both the States, the place of first alignment was 850 feet away from village Panchhat. Some villagers of village Panchhat made a representation to the Deputy Commissioner Kapurthala on 13th January 1953, objecting that the first alignment was too near the village habitation and upon that the Deputy Commissioner Recommended on 16th January 1953, to the Chief Engineer and Secretary P. W. D., Pepsu Government, that the proposed canal will be very close to the village Abadi and the land which is proposed to be acquired for the canal is of the best quality. It will be in the interest of the village, the land-holders concerned and of the Grow More Pood Campaign, which is of national interest, if the alignment of the canal is so altered that the canal may be situated as much north of the village as possible.