NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners are residents of village Bhattian, Tehsil and District Ludhiana. By way of this writ petition, they are challenging the Notification under Section 4. read with Section 17 of the Land Acquisition Act (hereinafter referred to as 'the Act' published in the Official Gazette on 10.2.1997 and the declaration under Section 6 read with Section 17 of the Act published in the Official Gazette on 21.5.1997.

(2.) The main challenge is on the ground that the proposal to set up Sewerage Treatment Plant was mooted some where in 1993 whereas the land has been sought to be acquired in February, 1997, by invoking the urgency provisions. Petitioners have contended that in these circumstances, Government is not justified in dispensing with the enquiry under Section 5-A of the Act. It is contended that the urgency provisions dispensing with the enquiry under Section 5-A of the Act can be applied where the emergency is pf such a nature that it cannot brook a delay of 30 days, the time requisite for filing objections. It is contended that if the State wants to take away valuable right given to the land-owners under Section 5-A of the Act to make representation, it has to justify its action by showing the existence of emergent situation.

(3.) Mr. M.L.Sharma, Advocate, counsel appearing on behalf of the petitioners has contended that the very fact that notification under Section 4 of the Act was issued on 10.2.1997, but the.same was published in the Newspaper on 9th and llth of March, 1997 and similarly declaration under Section 6 of the Act was issued on 21.5.1997 and published in the Newspaper on 28.5.1997 i.e. more than three months of the issuance and publication of notification under Section 4 shows non-existence,of emergent situation. In support of his submission, he cited :- (1) Narayan v. State of Maharashtra, (2) State of Punjab v. Sudhir Kumar Dhingra, (3) Inder Singh v. State of Punjab (4) Dera Phafauli v. State of Punjab , (5,) Biru v. Secy, to Govt, Haryanai, (6) Mangat Singh v. State of Punjab, (7) Harpal Singh v. State of Haryana, (8) Baldev Singh v. State of Haryana, {9) Gurnam Singh u, State of Haryana, (10) Gurdev Singh v. State of Punjab.