TILAK RAM WADHWA MAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This, is a petition under Article 226 of the Constitution filed on behalf of a number of persons whose lands are being acquired by the Pun-jab Government for the rehabilitation of persons displaced from their lands by the building of the Bhakra Hydro Electric Works.

(2.) The petitioners' case is that the action of the Punjab Government is 'mala fide' and In any case the rehabilitation of persons whose lands have been acquired for a public purpose cannot be said to be a public purpose.

(3.) The facts briefly are that the building of the Bhakra Hydro Electric Works necessitated the acquisition of large areas of land. As the result of this acquisition thousands of persons were displaced. The Advocate-General informed us that as many as 30,000 people had to move out of their villages and the Government had therefore to make provision for them elsewhere. The Government accordingly issued a notification on 22-11-1954 under the Land 'Acquisition Act whereby they announced their intention of acquiring the area of eleven villages including the village of the petitioners. The first area of land to be acquired was the land of the petitioners. It is stated on behalf of the petitioners (but the allegation is denied by the learned Advocate- General) that the Government have abandoned their intention of acquiring the remaining land on the representation of the villagers of those lands. The fact, however, remains that the original notification in respect of all the eleven villages is still in force and the Advocate-General has stated that the land of these villages will be acquired gradually as it is needed for the rehabilitation of persons who are being successively displaced from their original lands for the Bhakra Hydro Electric Scheme.