MADAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Madan Singh son of Natha Singh, who is a resident of United Kingdom, has filed this petition through his power of attorney Baldev Singh for quashing the notification dated 10th December, 1973 and 27th February, 1976 issued under the signatures of the Secretary to Government Punjab, Housing and Urban Development Department under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act').

(2.) With the avowed object of setting up Residential Urban Estate in the area of Tehsil and District Ludhiana, the Government of Punjab in Housing and Urban Development Department initiated proceedings for acquisition of land vide notification dated December 10, 1973 issued under Section 4 of the Act. The land and building belonging to the petitioner falling in Khasra No. 74, hadbast No. 177 was also included in the said notification. The copies of the notification were displayed on the notice boards of the offices of the Deputy Commissioner, the Sub Divisional Officer (Civil) and the Tehsildar, Ludhiana. The copies of notification were also pasted on the wall of the house of the attorney of the petitioner. A proclamation was also made by beating of drum. A copy of the notification was given to the Nambardar of Village Jamalpur Awana for the purpose of giving publicity. Thereafter, notification under Section 6 of the Act was issued on 27.2.1976. On 27.5.1976, the petitioner submitted application Annexure P.3 to the Secretary, Urban Estate, Punjab seeking exemption (release) from acquisition of his house on the ground that he was intending to set up a small scale industry with foreign capital. It appears that a copy of this application was submitted by the petitioner to the Finance Minister, Punjab who forwarded the same to the Secretary, Industries and Public Relations Department. Although the Industries Department had nothing to do with the acquisition of land for setting up of a Residential Urban Estate, the Secretary, Industries and Public Relations Department informed the petitioner vide memo. No. 11596-51 B(1)-76/36155 dated 20.9.1976 that his house at Ludhiana is not being acquired. It, however, appears that the letter written by the Secretary, Industries and Public Relations could not prevent the authorities concerned to take possession of land and property of the petitioner on 29.9.1976. After expiry of almost 10 years from the date of taking over of the possession, Joginder Singh s/o Man Singh claiming himself to be the attorney of the petitioner represented to the Director, Urban Estate, Punjab that if the plot is exempted from acquisition, the applicant can easily start his business because the plot was still in his possession. He also expressed the applicant's willingness to pay development charges in foreign currency. That was followed by an application by the counsel for the petitioner in which they requested the Collector, Land Acquisition-cum-Deputy Director, Urban Development, Punjab to give effect to the memo dated 20.9.1976. In response to this application, the Collector, Urban Development Department wrote to the Director, Department of Housing and Urban Development, Punjab that the award in respect of the land had been made on 31.3.1976 and the award in respect of the structure, tubewell, trees etc. was made on 25.10.1979 and no information was available in his office regarding the grant of exemption. Thereafter the petitioner submitted representation dated 7.4.1988 before the Secretary to Government of Punjab, Housing and Urban Development Department, who passed the order Annexure P.8 after hearing the counsel appearing for the petitioner and rejected the petitioner's plea for release of his land from acquisition.

(3.) The relevant extract of the order dated 10.10.1988 is reproduced below :-