ANGREJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, we propose to decide three connected Civil Writ Petitions bearing No. 10167 of 1997, 10237 of 1997 and 16420 of 1997, as common questions of law and facts are involved in these writ petitions. The brief facts needs necessary mention have, however, been extracted from CWP 10167 of 1997, Angrej Singh and Ors. v. State of Punjab and Ors.

(2.) Challenge herein is to the notification issued under Section 4 of the Land Acquisition Act dated 30.6.1997, as also follow up declaration under section 6 read with Section 17 invoking urgency provisions which came to be issued vide notification dated 22.7.1997. The public purpose for which the land has since been acquired is clear from the reading of the notification. The land as clearly mentioned in notification. Annexure P-2, was acquired for constructing Harikekalan Link Drain from RD-0 to 21900 out falling in Escape Channel of Abohar Branch at RD-31000/R in Tehsil Gidderbaha District Mukatsar.

(3.) The two fold contention raised by the learned counsel for the petitioners in support of their claim is that these notifications deserves to be quashed as there was no urgency at all in the matter and therefore, the petitioners have wrongly been deprived of their valuable right guaranteed to them under the statute by filing objections under Section 5-A of the Act as also that the proposed channel is not suited at a place from where the land has since been acquired and in fact, a channel on the alternative land was more suitable for the outlet in question. Pursuant to notice issued by this court respondents have entered defence and contested the claim of the petitioners by filing written statement.