LAWS(P&H)-1976-4-8

RATTAN SINGH Vs. STATE OF PUNJAB

Decided On April 23, 1976
RATTAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Rattan Singh and another have filed this petition under Articles 226/227 of the Constitution of India, for the issuance of a writ in the nature of certiorari for quashing the notifications issued under Sections 4 end 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), copies Annexures 'P-1' and 'P-2' respectively. The facts of the case may briefly be stated thus:-- The petitioners are small landowners In village Nijjarpuna, Tahsil and District Amritsar, and own about 51 Kanals each of agricultural land. It is stated in the petition that respondent No. 1 issued a notification under Section 4 of the Act, to the effect that the land in the locality, specified in the notification was needed by the Government at public expense for a public purpose, namely, for allotment of house sites to the landless workers in the rural areas. Later on, the Collector, Amritsar, respondent No. 2, issued notification under Sections 6 and 7 of the Act, which was published in the Punjab Government Gazette (Extraordinary), dated 26th June, 1975. In the said notification it has been stated that the land specified in the said notification was needed by the Government as public expense for a public purpose, namely, for the allotment of house sites to the landless workers in the rural areas. As the two notifications also included the land belonging to the petitioners, the present petition has been filed challenging the legality of the said two notifications.

(2.) This matter came up for hearing earlier before me and my learned brother Bains J. Finding that the point involved in the petition was of importance, we decided to refer the matter to a larger Bench. That is how, we are seized of the matter.

(3.) The question that falls for determination may be stated thus:-To make Section 4 notification valid, is it legally essential to give publicity of the substance of the notification in the concerned locality simultaneously with or immediately after publication of the notification in the official Gazette?