JASMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present writ petition originates from the grievance made by the petitioner regarding the acquisition of his land, the intention for which was expressed by the State of Punjab by issuance of notifications under Sections 4 and 6 of the Land Acquisition Act, (hereinafter referred to as 'the 1894 Act') seeking to acquire a total area of 1274 acres (as depicted in Annexure-P2) for a public purpose, namely, for setting up of a residential Urban Estate for development of Sectors 76 to 80 of SAS Nagar (Mohali ).

(2.) THE aforesaid exercise undertaken by the State of Punjab ran into rough weather when there was a deep onslaught of various writ petitions assailing the acquisition. One such writ petition was filed by the petitioner bearing No. 7050 of 2001 as well, in which his dispossession was stayed.

(3.) DURING the pendency of C. W. P. No. 7050 of 2001, which is accompanied by a horde of other writ petitions, the Government of Punjab passed an order dated 19-5-2003 (Annexure P2) exercising its power under Section 178 (2) of the Punjab Regional and Town Planning and Development Act, 1995 (for short, 'the 1995 Act') seeking to extempt the process of development of the aforesaid Sectors from the provisions contained in Chapters VIII. X and XII of the 1995 Act.