NAR SINGH DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Government vide notifications (Annexure P. 1) dated April 18, 1972, under S. 4 read with S. 17 of the Land Acquisition Act, (hereinafter the Act) sought to acquire land of the petitioners measuring 150 kanals 2 Marlas (18 Acres 6 Kanals and 2 Marlas) in village Jandiala Guru, District Amritsar, for the storage of food grains. The Government issued another notification (Annexure P. 2) on the same dare under S. 6 read with S. 17 of the Act Out of the acquired area 104 Kanals was meant to be utilised by the Food Corporation of India and the remaining by the Markfed and the State Government. The petitioners filed the present writ on Sept. 27, 1976, alleging that they had been wrongly deprived of their valuable right under S. 5-,A of the Act by the application of S. 17 on the ground of urgency which in fact did not exist. The non-existence of urgency stands demonstrated by the fact that the acquired land has still not been utilised for the requisite public purpose. It has further been alleged that the District Food Controller, Amritsar, permitted them to resume possession of the acquired land during the months of June to Sept. 1975, on their furnishing affidavits that they will not claim damages. The petitioners continue to be in possession. of the land since then. The Government apparently did not apply its mind to the existence of any urgency about the proposed acquisition of the land and it was just in routine that S. 17 was mentioned in the notifications depriving the petitioners. of their right to file objections under Section 5-A of the Act against the proposed acquisition. The petitioners consequently prayed that notifications (Annexures P. 1 and P. 2) be quashed being illegal and void.

(2.) The State Government (respondent No. 1) raised preliminary objections that the petition was highly belated and material facts have been suppressed therein. On merits, it was stated that the possession of the entire acquired area was taken by the Food and Supplies Department through the revenue authorities on Mare h 19, 1973, and the possession of the land which fell to the share of Food Corporation of India was given to it on April 18, 1973. The urgency of the acquisition did exist on April 18, 1973 due to shortage of availability, of godown accommodation. The affidavits were obtained from the petitioners in 1975 that they will not claim damages if the land was released. The petitioners were never permitted to resume possession of the land and they in fact are not in possession thereof. As no decision could be taken to instal open storage complexes the acquired land land was not utilised.

(3.) The written statement on behalf of the Food Corporation of India has been submitted by the Senior Regional Manager, Chandigarh. He also raised two preliminary objections that the writ petition was highly, belated, having been filed after more than 41/2 years of the issuance of the impugned notifications and further the petitioners have made deliberately false and misleading statements therein inasmuch the State Government took possession of the acquired area on March 19, 1.973, out of which the possession of 104 Kanals was given to the Food Corporation of India on April 18, 1973 and the same continues to be in their possession ever since. On merits, it was repeated that the urgency of acquisition of the land existed on account of shortage of godown accommodation for storage of bumper Rabi Crop. The acquired area was selected as it was considered more suitable for setting up of opera complexes for storage of foodgrains. The State Government or the District Food Controller had no right or authority to invite or entertain any application or affidavits of the petitioners in 1975 for restoring the land to them. The State Government did make reference to the Food 'Corporation of India in this respect but it was not agreed to and the Government was informed accordingly. No further action was taken by the Government thereafter, The Food Corporation of India is immediately going to raise godowns of 15.000 tons capacity for storage of food grains over the acquired land for which necessary sanction has been conveyed by the head office of, the Corporation after examining the feasibility and completion of other formalities.