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1996 Supreme(P&H) 930
PUNJAB AND HARYANA HIGH COURT
R.S. Mongia and K.K. Srivastava, JJ.
Harbans Singh - Petitioners
Versus
State of Punjab - Respondents
C.W.P. No. 11993 of 1995.
Decided On : 31 May, 1996
For the Petitioners:Mr. A.K. Chopra and Mr. Gurpal Singh, Advocates.
For the Respondent No. 2:Mr. H.S. Riar, Senior Advocate with D.P.S. Kahlon, Advocate.
The publication of the notification in the newspaper prior to the publication in the Official Gazette does not render the acquisition proceedings illegal, as the frequency of publication is not mandatory.
Headnote:
PUNJAB TOWN IMPROVEMENT ACT, 1922 - SECTIONS 36, 38, 40 - PUBLICATION OF NOTIFICATION - SERVICE OF NOTICE - OBJECTIONS - NO OBJECTION CERTIFICATE - SCHEME SANCTIONED - WRIT PETITION - DISMISSED.
Fact of the Case:
Petitioners challenged notifications issued by respondent-Trust for development of a Scheme No. 7, alleging non-compliance with Sections 36, 38, and 40 of the Punjab Town Improvement Act, 1922 (the Act). They claimed that the publication of the notification in the newspaper was prior to the publication in the Official Gazette, notices under Section 38 were not served, and objections were not heard. The Trust contended that the provisions were complied with, and the Scheme was duly sanctioned.
Finding of the Court:
The Court held that the publication of the notification in the newspaper prior to the publication in the Official Gazette did not render the acquisition proceedings illegal. The Court found that the Trust had complied with the provisions of Section 38 by serving notices on the petitioners and giving them an opportunity to file objections. The Court also found that the Trust had obtained a No Objection Certificate from the State Level Land Acquisition Board, as required by the Standing Order.
Issues: 1. Whether the publication of the notification in the newspaper prior to the publication in the Official Gazette rendered the acquisition proceedings illegal? 2. Whether the Trust had complied with the provisions of Section 38 by serving notices on the petitioners and giving them an opportunity to file objections? 3. Whether the Trust had obtained a No Objection Certificate from the State Level Land Acquisition Board?
Ratio Decidendi: 1. The Court held that the publication of the notification in the newspaper prior to the publication in the Official Gazette did not render the acquisition proceedings illegal, as the frequency of publication was not mandatory. 2. The Court found that the Trust had complied with the provisions of Section 38 by serving notices on the petitioners and giving them an opportunity to file objections, as evidenced by the original records produced by the Trust. 3. The Court found that the Trust had obtained a No Objection Certificate from the State Level Land Acquisition Board, as required by the Standing Order.
Final Decision: The Court dismissed both the writ petitions, holding that the respondent-Trust had followed the provisions contained in Sections 36(2)(a), 38(1), and 40(3) of the Act and that there was no violation of Articles 14 and 21 of the Constitution of India.
K.K. Srivastava, J. - This order of ours will dispose of Civil Writ Petition Nos. 11993 and 11994 of 1995. In both the writ petitions the notifications (annexures P-1 and P-8) issued by respondent No. 2-Phagwara Improvement Trust, Phagwara are sought to be quashed and along with the Residential Housing Scheme (annexure P-9) is also sought to be quashed as being illegal, unjust, cryptic, arbitrary, an act of colourable exercise of power, mala fide and ultra vires the provisions of Punjab Town Improvement Act, 1922 (for short, to be referred as the Act of 1922).
2. The facts common to both the writ petitions may be noticed as under : The Phagwara Improvement Trust Phagwara-respondent No. 2 passed a resolution to develop a Developmental Scheme No. 7. The total area which was proposed to be acquired was 166 Kanals 6 Marlas (13.80 Acres). A notification under Section 36 of the Act 1922, which is equivalent to a notification under Section 4 of the Land Acquisition Act, 1894 (for short the Act 1894) was published in the Daily Newspaper Nawan Zaman on 21.6.1993 (annexure P-1), 28.6.1993 (annexure P-2) and 5.7.1993 (annexure P-3). The notification was also published in the Official Gazette on 2.7.1993 (annexure P-4), 9.7.1993 (annexure P-5) and 16.7.1993 (annexure P-6). These notifications were published in the newspaper and Official Gazette as per requirement of Section 36(2)(a) of the Act 1922. Thereafter, notices as per requirement of Section 38 of the Act 1922 were served on the persons referred therein. The respondent proceeded with the scheme and issued notification under Section 40 sub-section (3) of the Act 1922 in the Punjab Government Official Gazette that an application had been submitted to the State Government under Section 40(1) of the Act for the grant of approval for land acquisition. This notification was issued on 17.6.1994 vide annexure P-7. The State Government vide notification dated 17.6.1994 accorded sanction to the development scheme of respondent No. 2 under Section 24 read with Section 28(2) sub-sections (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) of the said Act for an area measuring approximately 15 acres. The relevant notification was issued in pursuance of the provisions of Section 42(1) of the said Act (a copy of the same has been annexed as Annexure P-8). By a notice dated 1.3.1995 published in the daily newspaper The Tribune the respondent-Phagwara Improvement Trust, Phagwara invited applications for residential plots under the aforesaid new developmental Scheme No. 7 Tagore Nagar for three sizes of plots measuring 250 Sq. Yds., 200 Sq. Yds. and 100 Sq. Yds. and prescribed annual income limits against each category of size of the plots and also the advance amount to be deposited.
3. The petitioners have challenged the notifications, referred to above, on the following grounds :-
(1) Section 36 of the Act makes it incumbent upon the respondent- Trust to publish the notification for three consecutive weeks in the Punjab Government Gazette as well as in the newspaper. As per the requirement scheme can only be initiated after the publication of the notification in the Government Gazette. The publication in the newspaper is required to be made after the publication of the notification in the Government Gazette whereas in the present case the publication in the newspaper was made prior to the publication in the Government Gazette i.e. on 21.6.1993, 28.6.1993 and 5.7.1993 in the daily newspaper Nawan Zamana and the notifications in the Official Gazette were published on 2.7.1993, 9.7.1993 and 16.7.1993 which is in total violation of the mandatory requirements of Section 36 of the Act. The acquisition proceedings cannot be sustained on this ground alone.
(2) As per Section 38 of the Act a duty has been cast upon the Trust to serve the notice of the proposed acquisition of land to the owners as well as occupiers of the land in question, so that they may object to the proposed acquisit
