STATE OF PUNJAB Vs. SOHAN

JUDGEMENT

(1.) IN this appeal under Clause X of the Letters Patent against the judgment of a learned Single Judge of this Court, dated September 1, 1975, allowing the petition of the writ petitioner-respondents under Articles 226 and 227 of the Constitution of India and quashing the Notification of the State Government under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act), dated August 30, 1974 (Annexure P-l), we have been somewhat handicapped on account of the respondents not having put in appearance despite service of notices of this appeal on them. At our request, however, Mr. J. N. Seth, Advocate, who happened to appear for them before the learned Single Judge, has been kind enough to assist us as Amicus Curiae.

(2.) THE facts of the case are brief and are beyond dispute. Out of an area of 5 kanals comprised in khasra No. 15/15/1 in khatauni No. 51 in Village Chandeli, Tahsil Garhshankar, District Hoshiarpur, a plot of land measuring 1 kanal 12 marlas was notified under Section 4 of the Act on August 30, 1974 (Annexure P-l ). The objections of the respondents under Section 5-A of the Act, dated January 21, 1975 (Annexure P-2), were not accepted and the Collector made a report against the petitioners on March 13, 1975. The acquisition notification under Section 4 of the Act was impugned in the respondents' writ petition dated April 10, 1975, on various grounds. The only ground out of those, on which the petition has been allowed, is mentioned in paragraphs 6 and 9 (b) of the writ petition in the following words:-"

(3.) MR . I. S. Tiwana, learned Deputy Advocate General for the State, has taken us through the scheme of the Consolidation Act. The Consolidation Act is divided into five chapters. The First Chapter consists of only two sections. The First section is itself divided into three parts. Sub-section (1) of Section 1 gives the Consolidation Act its name. Sub-section (2) of Section l of that Act defines the extent of the application thereof to the whole of the State of Punjab. Sub-section (3) of Section 1 of the Consolidation Act then reads as under:-" This section shall come into force at once and the remaining provisions of the Act shall come into force in such area and from such date as the (State) Government may by notification appoint in this behalf, and different dates may be appointed for the coming into force of different provisions of the Act.