SWARNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE herein through present writ filed by petitioner under Article 226 of the Constitution of India is to the notification dated December 14, 1994, issued by the Government of Punjab, Department of Local Government (Annexure P-5), under Section 4 of the Land Acquisition Act by invoking the provisions of Section 17 (2) of the said Act as also follow-up declaration issued under Section 6 of the Land Acquisition Act on March 27, 1995 (Annexure P-6) again invoking Section 17 (2) of the said Act, this time, however, to proceed to take possession of the land. Brief facts, on which the challenge to the notification and declaration is sought to rest need a brief mention.

(2.) PETITIONER is a small land-owner and cultivates land owned by him measuring 12 kanals 19 marlas in village Sargundi, Tehsil Phillaur, District Jalandhar. He has installed a tubewell in khasra No. 715 and it is pleaded that his entire land is irrigated through tubewell. He has raised a boundary wall of 4-5 feet on three sides of this khasra number. A few years ago, prior to his filing the present petition, he is stated to have taken loan of Rs. 85,000/- from the Union Bank of India for the purchase of a tractor by mortgaging his entire land and has still to pay some part of the loan. Adjoining to this land, on the Northern side, there is 8 kanal Banjar Qadim land owned by the Gram Panchayat and near the land of petitioner there is an other piece of land measuring 36 kanals 8 marlas in village Mahal which has depression of 8 to 10 feet. Notification, Annexure P-5, was issued by the Punjab Government under Section 4 of the Land Acquisition Act which was published on December 18, 1994 for acquisition 2 kanals 17 marlas of land of the petitioner comprised in khasra No. 715 for a public purpose, namely, construction of disposal work of sewerage scheme at Goraya. In the notification aforesaid it is mentioned that the previsions of Section 5-A of the Act were rot complied on the ground of urgent importance of the public purpose. The petitioner is stated to have acquired knowledge of acquisition of his land on December 30, 1994 through the office of the Sub-Divisional Officer (Civil)-cum-Land Acquisition Officer. Follow-up declaration under Section 6 was issued on March 27, 1995 and it is on August 9, 1995 that the petitioner filed the present petition in this Court.

(3.) PETITIONER filed replication on September 22, 1995 to which a rejoinder was filed by the respondents. The facts, as stated in the petition have been reiterated in the replication filed by the petitioner. Besides that, it has also been averred that the report dated May 5 1995 Annexure R-3 was prepared to make an excuse to show that no other land is suitable for construction of the disposal work of sewerage scheme at Goraya. Authenticity of the report to the effect that it is only the land of petitioner which is suitable for the purpose in question has also been denied In the rejoinder filed on behalf of the respondents, it is again a case of reiteration of facts mentioned in the written statement as also that the report Annexure R-3 is correct as per the facts at the site and the said report was duly given by the public officers in discharge of their official functions. It is further averred that the land sought to be acquired is best suited for the purpose.