ENGINEER SURAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this writ petition is to the acquisition proceedings whereby the land of the petitioners has been acquired under the Land Acquisition Act, 1894 (for short, the Act). The primary ground of challenge is that the State Government disposed of the objections filed by the petitioners without affording any opportunity of hearing to them.

(2.) Brief facts giving rise to this petition may first be noticed.

(3.) The State Government by a notification published in the Punjabi Tribune and Daily Ajit on 31.5.1991 under Sec. 4 of the Act declared that land specified therein was needed for a public purpose namely for setting up of Industrial Focal Point at Ludhiana in village Dhandari Kalan, Mundian Khurd, Bholapur and Mangli Nichi Tehsil and District Ludhiana and that the same was likely to be acquired for the said purpose. Persons interested were called upon o file their objections under Sec. 5-A of the Act before the Collector within one month from the publication of the notification. The petitioners who own 4 kanals of land each in village Mundian Khurd filed their objections within the prescribed period. It is alleged that they did not receive any notice from the Collector after the filing of the objections nor were they afforded any opportunity of hearing at the time when their objections were disposed of by the State Government and that the latter acquired the land by issuing a notification on 18.3.1992 under section 6 of the Act whereby a total of 796.51 acres of land was acquired including the land of the petitioners in village Mundian Khurd. Both the notifications issued under Sec. 4 and Sec. 6 have been impugned in this petition.