TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of India filed by some of the residents of village Rarra, Sub Tehsil Tanda, District Hoshiarpur, challenge is to the action of the Government invoking the urgency provisions of Section 17 (1) and (2) read with Section 17 (4) of the Land Acquisition Act, 1894 (in short the Act) and of dispensings with the enquiry Under Section 5-A of the Act while issuing notification Under Section 4 of the Act.

(2.) IT has been contended by the learned counsel for the petitioners that the notification Under Section 4 of the Act deserves to be quashed on the ground that in the same, it has not been stated that in the opinion of the Government there was any urgency to take recourse to the provisions of Section 17 of the Act. In this regard, he has placed reliance on the judgment of the Apex Court in Dora Phalauli v. State of Punjab and Ors. } AIR 1979 SC 1594. Against this, Mr. M. L. Sarin, learned Advocate General, Punjab, has contended that the urgency provisions were invoked for the purpose of construction of Tanda side approach road to high-level bridge over the River Beas near Hargobindpur, District Hoshiarpur. It has been pointed out that the provisions of Section 5-A of the Act have been dispensed with so as to meet the time bound construction of the road as the main bridge is likely to be completed by 31. 7. 1996. The learned Advocate General has contended that the question whether an urgency exists or not is a matter solely for the determination of the Government and it is not a matter for judicial review. In this regard, he has placed reliance upon a recent judgment of the Apex Court in Union of India and Ors. v. Ghanshyam Dass Kedia and Ors. , 1996 (1) Rent Law Reporter, 274, wherein the Apex Court relying upon a judgment of the constitutional Bench in Aflatoon and Ors. v. Lt. Government of Delhi and Ors. , (1975) 1 S. C. R. 80 has held that for exercising power of urgency Under Section 17 of the Act it is the subjective satisfaction of the Government based on material on record. In order to show that the satisfaction was arrived at on consideration of the relevant material, he has placed before us the record.

(3.) ON River Beas near Sri Hargobindpur one boat bridge had been existing facilitate the people of the area to cross the river. A strategic road from Tanda to Sri Harbogindpur is existing which leads to the said boat "bridge. At this stage, high-level bridge is being constructed to make the road all weather motorable. Ac cording to the State, four tentative proposals were marked to consider the feasible road to the new bridge and as per approval of P. W. D. (B&r) Branch, Patiala, the proposal for Tanda side approach road was approved after detailed examination and accordingly, the process of land acquisition was completed by the department. In the written statement, it has come that the alignment approved by the department is, technically the most feasible one and also as per geometries of the road. Further according to the State, the alignment as approved is the most economical one. It was for the construction of Approach road to high-level bridge over River Beas the Government decided to invoke the urgency provisions, dispensing with the objections Under Section 5-A of the Act. In this regard, the State Government issued a notification Under Section 4 of the Act, published in Punjab Government Gazette on 16. 2. 1996, for acquiring the land measuring 24. 59 acres. Notification is sued Under Section 6 of the Act is dated 20. 2. 1996 and has been published in the Punjab Government Gazette on 1. 3. 1996.