CAPT RANJHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will also dispose of C.W.P. No. 2279 of 1985 as the question involved is common in both these petition.

(2.) In order to provide for the better preservation and protection of certain portions of the territories of Punjab situate within or adjacent to the Siwalik mountain range, Act No. II of 1900 known as the Punjab Land Preservation (Chos) Act, 1900 (for short 'the Act') was enacted. Under section 3 of the Act notification dated 31.1.1985, copy Annexure P.1, was issued by the President of India. It was stated therein that :-

(3.) In both the petitions these two notifications have been challenged by the petitioners primarily on the ground that while issuing the said notifications there was no application of mind and the same have been issued arbitrarily affecting the rights of the petitioners and, secondly, there is no compliance of section 7 of the Act which provides for proclamation of regulations, restrictions, and prohibitions and admission of claims for compensation for rights which are restricted or extinguished. An averment to this effect was made in para 12 of the writ petition which reads as under :-