GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have challenged the validity of Notification No. 7474-A 17-8 / 20770, dated Nov. 27, 1980 issued under Section 4 of the Land Acquisition Act, (for short, the Act) in this petition under Arts. 226/227 of the Constitution of India.

(2.) The Governor of Punjab acquired land measuring 141 Kanals 11 Marlas and 230 Kanals 19 Marlas, situated in villages Dhaliwal Dona and Mansurwal Dona, Tehsil and district Kapurthala for a public purpose, namely, for the construction of food grain godowns at Mansurwal Dona and Dhaliwal Dona. In view of the urgency of the matter, the provisions of Section 5A of the Act were dispensed with.

(3.) Indisputably the disputed land was acquired under Section 4 of the Act, vide notification 10/01/1978 followed by a declaration under Section 6 of the Act vide notification, dated 10/01/1978. The notification was challenged in this Court and was Quashed on the ground that it was not published in the manner prescribed under sub-section (2) of Section 4 of the Act. The acquisition has been challenged on twin grounds namely, (i) declaration under Sec. 6 of the Act has not been issued and (ii) there was no justification for invoking the provisions of Section 17(4) of the Act and the right to file objection under Section 5A of the Act has been denied on wholly irrelevant grounds.