VINOD KUMAR GHAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Civil Writ Petition seeks quashing of the notifications dated 25.2.2004 and 16.2.2005 [Annexures P1 and P9] issued under Sections 4 and 6 of the Land Acquisition Act, 1894 [for short 'the Act'] whereby land measuring 26 kanals 3 marlas including that of the petitioner to the extent of his 1/6th share situated in village Dogri within the municipal limits of Jalandhar City is sought to be acquired for the construction of 132 KV Sub Station in village Kahanpur [Village Dogri] by the Punjab State Electricity Board.

(2.) EARLIER also, the aforementioned land was acquired by the respondents for the same 'public purpose' vide notifications dated 6.4.2000 and 15.6.2001 issued under Sections 4 and 6 of the Act respectively. The said acquisition proceedings came to be challenged by the petitioner along with his brother by way of CWP No. 12194 of 2001 which was allowed by a Division Bench of this Court vide judgment dated 11.9.2003 [Annexure P-2]. Suffice it to say that after taking judicial notice of the deliberate "actions and omissions" on the part of the public officers which frustrated the acquisition process meant for an important public purpose, this Court arrived at the conclusion that the award was not passed within the stipulated period of two years as provided under Section 11-A of the Act. The Bench further held as under :-

(3.) RESPONDENTS No. 2 and 3, i.e., Punjab State Electricity Board and its authorities have filed their counter-affidavit. Thereafter, an additional affidavit dated 27.11.2008 has also been filed by the Land Acquisition Collector, PSEB, Patiala. The reconstructed records [original is reported to have been lost] of the office of the Land Acquisition Collector as well as of the State Government have also been produced and perused.