PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari to quash the Notifications dated 28th July, 1992 and 29th July, 1993 issued under the Land Acquisition Act for acquisition of the land measuring 31 acres situated in Mallanwala village in Ferozepur District.

(2.) THE petitioners were the owners of land measuring 31 acres in Mallaanwala village which is sought to be acquired for the purpose of setting up Market- yard. Accordingly, a notification under Section 4 of the Land Acquisition Act was issued on 28.7.1992. Objections were called for the acquisition of land. Further a notification under Section 6 of the Land Acquisition Act was issued on 29.7.1993. The petitioners in this writ petition are challenging the said notifications on the ground that the Notification under Section 4 of the Land Acquisition Act (hereinafter called the 'Act') was not published in accordance with the provisions of the Act and there was no publication in the locality and the site is not easily accessible as one has to cross the railway station to reach this site and there is a Power House and a Government Senior Secondary School near the site. Therefore, the site is not suitable for the purpose for which it is sought to be acquired and the land being orchard it cannot be acquired. Further the land adjoins the railway crossing. As most of the passenger and goods trains pass through the said railway crossing, it will not be easy to access the site. It is also contended by the counsel for the petitioners that the land being fertile, it cannot be acquired for non-agricultural purposes.

(3.) RESPONDENTS No. 3 and 5 filed a separate written statement in which they have stated that the site has been selected after taking into consideration the hardships of the local residents and the fact that the site is near the railway station is one of the factors which has been taken into consideration for selecting the site as movement of the foodgrains from the Mandi would be handled more effectively for despatching to other stations. It is further averred that the Mandi operates between 10 A.M. to 3 P.M. and only 3-5 trains pass through the railway crossing during that time and the gate would be closed only 2-5 minutes and, therefore, the fact that the site is near the railway crossing does not affect the working of the market in any manner. It is also averred that the demand to establish the market is a long standing one and the establishment of the market yard is intended to uplift the farmers and people of the area. It is further average that the land in question is most suitable for establishing the market yard.