SWARAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HAS the State of Punjab acted arbitrarily and illegally in invoking the provisions of Section 17(2)(c) of the Land Acquisition Act while acquiring land for the purpose of construction of building for the establishment of an Industrial Training Institute at Jalalabad (West), Tehsil Fazilka, District Ferozepur. This is the short question that arises in these two petitions under Article 226 of the Constitution. The petitioners submit that they are small landowners. The establishment of an Industrial Training Institute at Jalalabad has been under consideration of the Government for the last more than five years. In the circumstances, the right of file objections under Section 5 -A of the Act could not have been taken away. If an opportunity had been granted, the petitioners could have shown that the land sought to be acquired was not suitable for an educational institution and that better land was available. The petitioners have also alleged that a Samadhi and a Gurdwara exist on the site. They, consequently, pray for the issuance of an appropriate writ, order or direction quashing the notification dated March 12, 1994, issued under Section 4 read with Section 17(2)(c) of the Act.

(2.) THE respondents controvert the claim of the petitioners. They aver that the urgency provisions can be invoked for setting up of an educational Institution in view of the provisions of Section 17(2) as applicable to the State of Punjab. lt has been pointed out that the provisions of Section 5 -A have been dispensed with so as to "meet with the time -bound construction schedule of the building for the establishment of an Industrial Training Institute at Jalalabad...". The allegation that the matter has been pending for the last five years, has been denied. It has been pointed out that in the meeting held under the Chairmanship of the Chief Minister of Punjab on September 21, 1993, it was decided to open six Industrial Institutes in the State including the one at Jalalabad. The minutes of this meeting have been a produced as Annexure R -l with the written statement. A perusal thereof shows that it had been decided to sanction an amount of Rs. 120 lacs during the year 1993 -94 and Rs. 900 lacs during the 8th Five Year Plan for setting -up six Industrial Training Institutes. In pursuance to this decision, the Deputy Commissioner, Ferozepur , was asked to call the meeting of the Site Selection Committee for the selection of land. The meeting of the Committee was called on January 12, 1994. It ultimately met on February 11, 1994 when the present site was selected. The Deputy Commissioner issued a No Objection Certificate on the same day. It was specifically mentioned in this certificate that "there is no religious place such as Samadhi, Masjid, Gurdwara or Church on the land under acquisition". Thereafter, on March 12, 1994, a notification under Section 4 was issued. This notification was published in a vernacular paper on March 17, 1994 and in the Tribune on March 18, 1994. The notification under Section 6 was published in the Gazette Notification on March 18, 1994 respectively. Notice under Section 9 were issued to the landowners. Funds for tendering 80% of the compensation have been placed at the disposal of the Sub Divisional Officer (Civil) and the possession of the land shall be taken only after tendering the amount of compensation to the landowners. It has only been staled [hat according to the report submitted by the Sub Divisional Officer (C), the petitioners have after the publication of the Notification under Section 6, brought Guru Granth Sahib to a Pump House which exists on the land in dispute and installed Nishan Sahib. Even the Samadhi has been constructed after the publication of the notification.

(3.) WE have heard learned counsel for the parties.