ZULAFKAR ALI MALIK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition involves a challenge to the notifications, Annexures P-1 and P-2, issued by the Government of Punjab for acquisition of land for construction of Government Polytechnic, Malerkotla, District Sangrur.

(2.) PETITIONER and his brother are owners of land measuring 26 Kanals 11 Marlas situated in the revenue estate of Village Ahmedabad. They are aggrieved by the land acquisition proceedings undertaken by the respondents vide notifications dated 29.1.1996 and 14.2.1996 issued by the Government of Punjab, Department of Technical Education and Industrial Training for acquisition of their land alongwith land of six others for the construction of Government Polytechnic at Malerkotla. Petitioners have alleged that the provisions of Section 17 of the Land Acquisition Act, 1894 have been invoked with a mala fide intention of depriving the petitioner to avail opportunity to submit his objections against the acquisition of their property. It has been pleaded that the purpose of acquisition indicated in the impugned notifications is not a real and bona fide purpose and alternative site is available to the respondents for construction of the Polytechnic. It has also been pleaded that the impugned acquisition has been made because the petitioner is an active worker of Akali Dal and is having political rivalry with Shri Gaffar who happens to be a Deputy Minister in the Government. In the written statement, the respondents have disputed the allegations made by the petitioner about mala fide exercise of power in the initiation of acquisition proceedings. Respondents have stated that construction of building for Government Polytechnic, Malerkotla is extremely urgent and, therefore, it became necessary to invoke the urgency clause so as to meet time-bound programme for construction of the building. It has been stated that imparting of technical education is one of the top priorities of the State Government because technical education is one of the strongest mode to deal with the growing problem of unemployment. The respondents have pleaded that no other suitable land is available for construction of building of Polytechnic. It has also been pleaded that the suitability of the land was determined by the site selection committee chaired by the Deputy Commissioner, Sangrur on 2.8.1995 and no personal interest of any particular individual is involved in the acquisition of the land.

(3.) DURING the course of arguments, the learned Deputy Advocate General produced the file in which the issue of setting up of Government Polytechnic, Malerkotla has been dealt with. Apart from other documents, this file contains a letter dated 27.10.1995 written by the Director, Technical Education and Industrial Training to the Deputy Commissioner, Sangrur indicating that the Department is willing to take possession of the land at the earliest because the State Government has already made provision for making payment for acquisition of the land and construction of a building during the current financial year. The Director pointed out that if the site is not decided the Department may not be in a position to utilise the funds resulting in their lapse which would cause embarrassment to the State Government. The records also show that the notifications issued by the Government have been duly published in the official gazette and in the two newspapers, namely, Indian Express and Punjabi Tribune dated 17.2.1996. The records also show that in the new Polytechnic to be set up at Malerkotla, the courses of Diploma in Mechanical Engineering, Diploma in Printing Technology, Diploma in Plastic Technology and Post-Diploma in Packing Technology are to be started. The records further show that the notifications issued by the Government have been published in the vicinity of the disputed site through Patwari and the same have been pasted on important places.