GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PROCEEDINGS undertaken by the Government of Punjab for acquisition of land for Government Polytechnic at village Mansa Kalan, Tehsil and District Mansa, are under challenge in both these petitions and, therefore, these petitions are being decided by a common order.

(2.) REFERENCE to the facts of Civil Writ Petition No. 4157 of 1994 is sufficient for the purpose of this order. Petitioners are owners of different parcels of land in village Mansa Kalan. Their lands were included in the notification (Annexure P -1) dated 17.3.1994 issued by the Department of Technical Education and Industrial Training, Government of Punjab, under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (for short, the 1894 Act). Their lands also find mention in the notification dated 22.3.1994 (Annexure P -3) issued by the Government of Punjab under Section 17 of 1894 Act. Petitioners have challenged these notifications on the ground that the Government had no material available before it on the basis of which it could form an opinion that acquisition of land was of such an urgent nature that it was not desirable to hold enquiry under Section 5 -A of the Act. Their contention is that the decision to set up a Government Polytechnic at Mansa Kalan was taken in the year 1992 and thereafter the Government waited for almost two years before invoking the urgency provisions warranting exclusion of the enquiry under Section 5 -A of the Act. Another ground of challenge is that substance of the notifications (Annexures P -1 and P -3) were not published at convenient places in the locality and, therefore, the impugned acquisition is liable to be declared as illegal.

(3.) THE main point which calls for adjudication is whether the respondent -Government had any material available with it for forming an opinion that it was not necessary to follow the procedure laid down in Section 5 -A of the Act. A look at the documents filed by both the parties shows that the Governor of Punjab issued order Annexure R -i dated 20.11.1992 for constitution of a site -selection committee and a negotiation committee for setting up a Government Polytechnic at Mansa Kalan. This committee met on 15.3.1994. In the meeting, the Divisional Town Planner, Bhatinda, objected to the selection of the site in dispute on the ground that the land falls in industrial zone and it was opposite the grain market. It appears that the objection raised by the Divisional Town Planner did not find favour with the majority of the members of the committee. Just after two days of the meeting of the selection committee, the Government issued the impugned notification dated 17.3.1994 for acquisition of the land under Section 4 read with Section 17 of the Land Acquisition Act, 1894. At the same time, the Government dispensed the enquiry under Section 5 -A of the Act on the ground that construction of the, building was required to be started immediately and, therefore, it was not possible to follow the procedure contained in Section 5 -A. It appears from the record that the site -selection committee had considered three sites and at one stage it was opined that the site at Sirsa -Mansa road was not suitable for establishment of a Government Polytechnic. However, later on this view was changed and the committee recommended acquisition of the land in dispute. Perusal of Annexure R -2 shows that the site -selection committee was of the opinion that in the zoning plan, the land was kept for industrial zone and was likely to be used for industries.