MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners seek quashing of notifications, annexures P-3, P-6 and P-7, vide which their land has been acquired for setting up of Tourist Complex and Institute of Hotel Management and Catering Nutrition at Gurdaspur with a further prayer that during the pendency of the petition they be not dispossessed from the land in dispute.

(2.) Respondent No. 1 - State of Punjab issues a notification on 23.2.1995 under Section 4 of the Land Acquisition Act, which was published in a vernacular local daily newspaper 'The Ajit' on 19.3.1995, annexure P-3. Petitioners filed objections under Section 5 of the Act and also prayed for a personal hearing at the time of consideration of the objections. Respondent No. 3, however, informed the petitioners that their objections are no more sustainable as respondent No. 3 has invoked the emergency provisions of Section 17 of the Act to acquire the land (annexure P-5). Pursuance to the communication, annexure P-5, notification dated 1.4.1995 was published in the daily newspaper 'The Tribune' on 15.4.1995 and another notification under Section 6 of the Act was published in 'The Tribune' on 2.5.1995 whereby respondent No. 3 was directed to take order for acquisition of the land. Invoking the provisions of Section 17 Sub-Section (2) sub- clause (c) of the Act it was directed that the Sub Judicial Officer-cum-Land Acquisition Collector shall proceed to take possession of the land-annexure P-7 dated 18.4.1995. It is with a view to get rid of the notification issued under Sections 4 and 6 by invoking the emergency powers of Section 17 that petitioners have challenged these proceedings on the ground that the action of the respondent is per se malafide. According to the petitioner, proposed setting up of a Tourist Complex cannot be construed to be for public good. In fact, these Tourist Complexes are meant for enjoyment of persons and so the same cannot be treated as for bona fide public purpose or for the benefit of the inhabitants of the surrounding areas. Otherwise too, land which is being acquired for setting up a Tourist Complex is not best adopted as the same is situate on Amritsar-Pathankot Road and in between the road there is a railway line which causes heavy noise and air pollution and hence the proposed project in no way is likely to be useful or will be beneficial for the desired purposes. The authorities by invoking the emergency provisions have deprived the petitioners of their valuable right. With regard to the merit of the objections already filed by them under section 5-A of the Act, it has also been stated by the petitioners that there are pacca houses in the land where the petitioners reside. Even some shops have been constructed. Besides these the petitioners have no other land and this is the only means of their livelihood and thus prayed that the notifications deserve to be quashed.

(3.) Notice of motion was issued by the Bench and the dispossession of petitioners was stayed till further orders vide order dated 19.5.1995. The Bench after perusing the statements admired the petition with a direction to the Registry to list the same for final hearing on 29.8.1995.