DAVINDER KUMAR KANSRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition filed under Articles 226/227 of the Constitution of India is for quashing notifications dated 21.5.1964, Annexures P.1 and P.1/A under Sections 4, 6 and 17 of the Land Acquisition Act, 1894 (in short, "the Act") on the ground that no compensation has ever been paid to the petitioner or the predecessors -ininterest whose land was acquired and the scheme is deemed to have lapsed as per provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, "the 2013 Act"). Further prayer for release of the land has also been made.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The State of Punjab through Department of Public Works issued notifications dated 21.5.1964 under Sections 4, 6 and 17 of the Act simultaneously for acquisition of land measuring 14.48 acres situated in Village Tikhowal, Tehsil Mukerian, District Hoshiapur for the alleged public purpose of additional earth work in Zone Nos. 1, 3, 4 and 5 and road crossings of new railway siding from Mukerian to Talwara. Land measuring 18 kanals 2 marlas situated in the said village belonging to Shri Mulk Raj son of late Shri Fakir Chand, grandfather of the petitioner was also included. The land was subsequently, handed over to Chief Engineer (Construction) II, Northern Railway, Baroda House, New Delhi. According to the petitioner, as per information through RTI, the said land has not been utilised and is lying unused. No notice was given to the petitioner as per provisions of proviso to Section 17(2) of the Act. No compensation was given to the grandfather of the petitioner. The petitioner represented to the authorities under the State of Punjab to either grant him compensation for the acquisition or release his land. He sent legal notice dated 10.4.2013, Annexure P.6 to the authorities through his counsel. Having heard no response, he has filed the instant petition.

(3.) WE have heard learned counsel for the petitioner and perused the record.