RAM KISHAN AMAR NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India praying that the notifications of the Punjab Government issued under sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) dated February 12, 1976 and February 14, 1976 respectively be quashed.

(2.) It is contended by the learned counsel for the petitioners that after the notification under section 4 dated February 12, 1976, the petitioners should have been given at least 30 days' time to enable them to file objections under section 5-A of the Act. But, instead of doing so, the notification under section 6 of the Act was issued two days thereafter, namely on February 14, 1976. He contends that the petitioners, in view of the aforesaid circumstances, were unable to file the objections under section 5-A of the Act within the prescribed time.

(3.) I have heard the learned counsel and find force in his argument. Section 5-A(1) of the Act provides that any person interested in any land which has been notified under section 4, sub-section (1), as being needed or likely to be needed for a public purpose or for a Company may, within thirty days of the issue of notification, object to the acquisition of the land Under sub-section (2) of section 5-A of the Act, the Collector, after hearing the objectors, has to submit the case for the decision of the State Government together with the record of the proceedings held by him and a report containing his recommendations on the objections. After taking into consideration the proceedings held by the Collector and his report, the State Government has to make a declaration under section 6 of the Act. Section 6(1) of the Act says that subject to the provisions of Part VII of this Act, when the appropriate Government is satisfied after considering the report, if any, made under section 5-A(2) that any particular land is needed for a public purpose or for a Company, a declaration shall be made to that effect under the signatures of a Secretary to such Government or of some officer duly authorized to certify its orders. Unless the petitioners were given an opportunity to file objections under section 5-A of the Act and the State Government decided those objections, no notification under section 6 of the Act could be published by the State Government. In view of the aforesaid reasons, the notification issued under section 6 of the Act is illegal and liable to be quashed.