DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have sought an order quashing the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894.

(2.) THE petitioners contend that the State Government has no power to acquire the land under the Land Acquisition Act, 1894 as the land falls within the Regional Development Plan prepared under the provisions of the Punjab Regional and Town Planning and Development Act, 1995 (for short 'the PRTPD Act') and in view of Section 42 thereof. Section 42 of the PRTPD Act reads as under: -

(3.) THE learned counsel appearing on behalf of the petitioners contended that there was no request from the authority to the State Government to acquire the property for any purpose. The question of the authority making payment for the said land, therefore, does not even arise. It was submitted that the State Government can proceed to acquire the land under the provisions of the PRTPD Act only at the request of the authority and also only for the purpose of the authority under that Act. The acquisition, therefore, according to him, is contrary to the provisions of Section 42 of the PRTPD Act.