GURPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition had been filed against acquisition proceedings initiated vide notification dated 3.7.2005 under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act"). Notification under Section 6 of the Act was issued on 17.3.2006.

(2.) GROUNDS raised in the writ petition, inter-alia, are that notification under Section 6 of the Act has been issued without deciding objections under Section 5A of the Act. Though vide order dated 17.1.2006 objections under Section 5A were decided, objections of the petitioner were deferred to be decided at the time of award. Thus, notification under Section 6 of the Act was issued without deciding the objections. Objection of the petitioner to acquisition was that the land of the petitioner could be used for petrol pump for which the petitioner had obtained 'no objection', the land being within the communication zone meant for petrol pump and other such facilities. Notice was issued on April 20, 2006. On 27.8.2007, this Court recorded that counsel for the State was unable to make a statement whether objections under Section 5A of the Act had been decided or not. On that ground, dispossession was stayed.

(3.) ON March 19, 2008, it was noticed that the objections of the petitioner had still not been decided. A direction was issued that objections be decided within 2 weeks. Thereafter, objections were decided on 25.3.2008 and conveyed to the petitioner under the covering letter dated 1.4.2008 Annexure P-16.