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2010 Supreme(SC) 926

R.V.RAVEENDRAN, T.S.THAKUR, R.M.LODHA
Amarjit Singh – Appellant
Versus
State of Punjab – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • Subject Matter: The case concerns Land Acquisition and specifically the Exemption from the Town Planning Act under the Punjab Regional and Town Planning and Development Act, 1995. [judgement_subject]
  • Relevant Legislation: The judgment refers to the Constitution of India (Articles 300-A and 21) and the Punjab Regional and Town Planning and Development Act, 1995 (Section 178(2)). [judgement_act_referred]
  • Validity of Exemption Notification: The exemption notification issued by the Government under Section 178(2) does not suffer from any infirmity, as the Government took a considered decision on relevant and germane grounds to prevent haphazard development and undue hardship to allottees. (!) (!) (!) (!)
  • Judicial Review Limitations: It is not permissible to challenge the exemption notification before the Supreme Court if no factual foundation was laid or the challenge was not made before the High Court. (!) (!) (!)
  • Power of Exemption: Section 178(2) empowers the Government to exempt areas if the operation of the Act causes undue hardship or if circumstances render it expedient to do so. This power should be construed liberally to allow bona fide decisions. (!) (!) (!) (!)
  • Rehabilitation Measures: Neither Article 300-A of the Constitution nor the Land Acquisition Act makes rehabilitation of expropriated owners a condition precedent for compulsory acquisition of land. (!) (!)
  • Land Pooling Scheme: The Land Pooling Scheme formulated by the State is prospective in nature and cannot be introduced after the acquisition and allotment process are over; thus, it cannot be applied retrospectively to the appellants. (!) (!)
  • Outcome: The appeals were dismissed as the acquisition proceedings were valid, but the Court directed that if the appellants apply for a reference to the Civil Court for higher compensation within six weeks, the Collector shall make such a reference. (!)

JUDGMENT

T.S. Thakur, J. —

Leave granted.

2. These two appeals by special leave raise common questions of law and shall stand disposed of by this common judgment. The appeals arise out of two separate orders both dated 26.9.2006 passed by the High Court of Punjab and Haryana whereby C.W.Ps. Nos.9060 of 2005 and 9083 of 2005 filed by the appellants have been dismissed. The petitioners had in those petitions challenged the validity of a Notification dated 23.1.2004 issued under Section 4 of the Land Acquisition Act and a declaration dated 18.1.2005 issued under Section 6 thereof. Constitutional validity of Section 23(1) of the Land Acquisition Act, 1894 and Punjab New Capital (Periphery) Control Act, 1952 was also assailed by them on several grounds which failed to find favour with the High Court who upheld not only the constitutional validity of the impugned enactments but also the notification issued under the Land Acquisition Act. The present appeals assail the correctness of the view taken by the High Court.

3. The facts giving rise to the controversy have been set out at length by the High Court in the lead judgment under challenge delivered in C.W.P. No. 9060 of 2005. The same









































































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