JASWINDER SINGH JOHAR Vs. GOVT OF PUNJAB

JUDGEMENT

(1.) In Civil Writ Petition Nos. 1423 and 1924 of 1973 the same notifications under Sections 4 and 6 of the Land Acquisition Act (hereinafter called the Act) have been challenged and they can, therefore, be conveniently disposed of by this single judgment.

(2.) Prayer in both the petitions is for quashing the said notifications by exercise of the powers of this Court under Articles 226 and 227 of the Constitution. Both the notifications were published in the official gazette on January 19, 1973, but this mistake occurred that the notification under Section 6 of the Act preceded the one under Section 4 thereof. The public purpose specified under Section 4 of the Act was that the land was likely to be needed by the Government for the construction of a warehouse by the Punjab State Warehousing Corporation at Maur Kalan. The land intended to be acquired was adjacent to the municipal area of that town.

(3.) The challenge to the notifications was made on several grounds but one of them is material, and there was no way out for the State to save them from being struck down. The Punjab State Warehousing Corporation being a company, certain specified procedure was required to be followed for the acquisition of the land for being used by it. Section 39 of the Act provides that Sections 6 to 37 thereof shall not be put into force in order to acquire land for any company unless with the previous consent of the Government the company has executed the agreement provided in the subsequent sections of the Act. Then it is mentioned in Section 40 of the Act that the consent shall not be given unless the Government is satisfied either on the report of the Collector under Section 5-A(2) of the Act or by an enquiry held thereafter. There are then Land Acquisition (Companies) Rules, 1963, which are to be followed for holding the enquiry by the Collector. Under rule 4 thereof it is provided as follows :-