SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE petitions have been filed to quash the notification dated 18. 12. 1992 and 23. 11. 1993 issued by the State Government for acquisition of the land for the construction of District Administrative complex at Mansa Kalan, Tehsil Mansa, District Mansa, and in view of the commonness of the issues raised in all the petitions, we are deciding them by a common order.

(2.) MANSA was declared as a District by the Government of Punjab in March, 1992. It became functional w. e. f. 13. 4. 1993. Earlier to this, it was a Tehsil Headquarter with very few officials. Sub-Divisional Courts Complex at Mansa was constructed prior to it being declared as District. For the purpose of construction of sub-Divisional Courts Complex, some of the petitioners and other Land-owners contributed 117-Kanals and 14-Marlas of Land. The building constructed over this land was put to full use with the creation of the new District. After the creation of the new District, it became necessary for the Government to provide proper and secured offices and residences for the Deputy Commissioner, the District & Sessions Judge, the Senior Superintendent of Police and other officials, for this purpose, it became necessary for the Government to acquire land and with this object in view, the Government issued notification dated 18. 12. 1992 under Section 4 read with Section 17 (2) (c) of the Land Acquisition Act, 1894 (for short, 'the Act') for acquisition of 120-Kanals of land. This notification was published in the Gazette dated 25. 12. 1992. Subsequently, it was opined by the Department of Legal and Legislative Affairs that declaration under Section 6 was required. to be made after publication of the notification issued under Section 4 of the Act, and, therefore, the notification issued on 18. 12. 1992 may be withdrawn. Accordingly, the Government rescinded the notification dated 18. 12. 1992 and at the same time issued notification dated 23. 11. 1993 for acquisition of the same piece of land by invoking the power under Section 17 of the Act.

(3.) PETITIONERS Gurlal and Ors. , who have instituted C. W. P. No. 882 of 1993, have stated that their predecessor-in-title had donated 29-Kanals and 16-Marlas of land vide gift-deed dated 27. 8. 1975 for the construction of Courts Complex and they have raised small houses for residential purpose after purchasing small plots of land and the Government has illegally acquired their land without following the procedure prescribed by law.