PUNJAB & HARYANA HIGH COURT
S.S.Nijjar and Hemant Gupta JJ.
Gagandeep Kang
Versus
Union Territory
Civil Writ Petition No. 2074 of 1990,
Decided On : APRIL 28, 2003
Land Acquisition Act - Acquisition Proceedings - Sections 4 and 6 - Summary
Fact of the Case:
The Chandigarh Administration published a notification for the acquisition of land for residential-cum-commercial complex. The petitioners claimed that the notification was not published in accordance with the provisions of the Land Acquisition Act, depriving them of the right to file objections. The respondents argued that the notification was properly published and objections were considered.
Finding of the Court:
The court found that the substance of the notification was published in the locality in accordance with the provisions of the Land Acquisition Act. The court also held that the objections filed by the petitioners were considered by the Land Acquisition Officer.
Issues: The main issue was whether the notification for land acquisition was properly published and whether the objections of the petitioners were considered by the authorities.
Ratio Decidendi: The court held that the substance of the notification was published in accordance with the law and that the objections of the petitioners were duly considered by the authorities.
Final Decision: The court dismissed the writ petitions, finding no merit in the challenges to the acquisition proceedings.
Hemant Gupta, J.
1. This order shall dispose of twenty five writ petitions bearing CWP No. 2074 of 1990 pertaining to pocket No. 1, CWP Nos. 416 of 1990, 15877 of 1989, 16211 of 1990, 8670 of 1990 pertaining to pocket No. 2, CWP Nos. 3325 of 1990, 8881 of 1990, 14058 of 1990, 1034 of 1990, 3422 of 1990 pertaining to pocket No. 3, CWP No,3125 of 1990, pertaining to pocket No. 5 CWP No. 597 of 1990 pertaining to pocket No. 6, CWP Nos. 5250 of 1991, 13116 of 1990 pertaining to pocket No. 9, 2821 of 1992 pertaining to pocket No. 10, CWP Nos. 12595 of 1990, 12596 of 1990, 15095 of 1991, 10145 of 1991, 5724 of 1992, 5103 of 1992, 15117 of 1991 pertaining to pocket No. 1 1, CWP Nos. 765 of 1992/7774 of 1992, 11372 of 1990 pertaining to Kalagram as common questions of law and fact are involved. Pocket Nos. 1 to 6 are part of Scheme No. 2 whereas pocket Nos. 9 to 11 are part of Scheme No. 3.
2. The facts are taken from writ petition No. 2074 of 1990. The writ petitions where the additional points have been raised are also dealt with in this order. On 25.5.3989, Chandigarh Administration published a notification that the land measuring 29.07 acres (Pocket No. 1) is likely to be needed for public purpose, namely for development of residential-cum-commercial complex. Scheme No. 2 of the Notified Area Committee, Manimajra. It is the grievance of the petitioner that the notification was not published in terms of the provisions of Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 1894 Act) as amended by the Land Acquisition Act, 1984 and, thus, they have been deprived to file objections under Section 5-A of 1894 Act. Since the publication of the notification under Section 4 of the 1894 Act was not proper, the subsequent publication of the notification under Section 6 of the said Act, dated 11.9.1989 declaring that the acquisition of land measuring 29.07 acres for the public purposes is wholly illegal and against the statutory provisions. The petitioners have stated that they are owners of land measuring 13 kanals 1 marla which is part of the acquisition. The ex-parte award was announced on 5.1.1990. The petitioner came to know of the issuance of notification under Sections 4 and 6 of the Act and about making of the award in the end Of January 1990 and filed the writ petitions without unnecessary and inordinate delay, on 16.2.1990.
3. The respondents filed the written statement wherein it has been stated that the land measuring 193.52 acres for Scheme No. 2 has been acquired in six pockets for the development of residential-cum-commercial complex and for the purpose of multi speciality hospital by the Notified Area Committee, Manimajra. The area which was intended to be acquired under Section 4 of 1894 Act for different pockets is as under:-
Pocket No. 1 29.07 acres 25.05.1989 Pocket No. 2 37.55 acres 1,5.06.1989 Pocket No. 3 21.51 acres 12.10.1989 Pocket No. 4 39.27 acres Pocket No. 5 36.37 acres 12.10.1989 Pocket No. 6 29.75 acres 12.06.1989
4 It was further pointed out that the award for the land relating to pocket Nos. 1 & 4 had been announced on 5.1.1990 and that in respect of pocket No. 2 the award had been announced on 5.2.1990 and in respect of Pocket No. 6 on 15.1.1990. The land of the petitioner is situated in pocket No. 1 only. The total amount awarded is Rs. 63,30,699/-, out of which Rs. 41,97,723/- has been received by other land-owners. The awards for pocket Nos. 1, 2, 4 & 6 have been announced, compensation in respect thereof paid and received by most of the land-owners.
5. On merits, it was submitted that the notification under Section 4 of 1894 Act was published in the Govt. Gazette as well as in two English newspapers i.e. "The Tribune" dated 3.6.1989 and the "Indian Express" and also in vernacular newspapers "Punjabi Tribune" "Hindi Tribune" and "Daily Ajit". A copy of the notification was pasted on the Public Notice Board of the office of the Notified Area Committee and the notification was al
Convert Aid Engineers Pvt. Ltd. And Ors. V/s. State Of Haryana And Ors.
Prem Singh And Ors. V/s. Union Territory, Chandigarh
Aflatoon And Ors. V/s. Lt. Governor Of Delhi And Ors.
Farid Ahmed Abdul Samad And Anr. V/s. Municipal Corporation Of The City Of Ahmedabad And Anr.
H.M.T. House Building Co-operative Society V/s. Syed Khader And Ors.
Khub Chand And Ors. V/s. State Of Rajasthan And Ors.
Narinderjit Singh And Ors. V/s. State Of U.P. And Ors.
Collector District Magistrate Allahabad And Anr. V/s. Raja Ram Jaiswal
Jaipur Development Authority V/s. Sita Ram And Ors.
Madhya Pradesh Housing Board V/s. Mohd. Shafi And Ors.
Narinjan Singh And Anr. V/s. State Of Punjab And Anr.
Shayam Nandan Prasad And Ors. V/s. State Of Bihar And Ors.
State Of Mysore V/s. Abdul Razak Sahib
State Of Tamil Nadu And Anr. V/s. A. Mohammed Yousef And Ors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.