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2017 Supreme(P&H) 2561

IN THE HIGH COURT OF PUNJAB AND HARYANA
RAJESH BINDAL, HARINDER SINGH SIDHU, JJ.
Inderjeet Singh – Appellant
Versus
State of Punjab – Respondent
CWP No. 22649 of 2011
Decided On : 07-07-2017

Advocates Appeared:
For the Appellant :Amit Jain, Advocate.
For the Respondents: Ms. Munisha Gandhi, Addl. A.G., Punjab with Piyush Bansal, DAG, Punjab.

Headnote:

Land Acquisition - Notifications - Sections 4 and 6 - Summary

Fact of the Case:

The petitioners, in two separate writ petitions, challenged the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894, seeking to acquire their land for the public purpose of setting up a Medicity (Health Facility) in village Mullanpur. The petitioners raised objections to the acquisition, alleging procedural flaws and discrimination in the release of land belonging to a religious institution.

Finding of the Court:

The Court found that the substance of the notification under Section 4 was published in the locality, and the time lag between the issue and actual printing of the notifications did not invalidate the acquisition. The Court upheld the release of land belonging to the religious institution, noting that it was a place of worship and exempt from acquisition. The Court also rejected the argument that the petitioners' structures would not disturb the planning of the Medicity, emphasizing the public interest in the Medicity project.

Issues: Procedural flaws in the acquisition, discrimination in the release of land, interference with the planning of the Medicity

Ratio Decidendi: The Court held that the notifications were valid, the release of land belonging to the religious institution was justified, and the petitioners' structures would disturb the planning of the Medicity, prioritizing the public interest in the project.

Final Decision: The petitions were dismissed, but the Government remained bound by the offer of relocation for the petitioners, and they were not to be dispossessed from their residence for at least six months after being provided the alternative site.

JUDGMENT :

HARINDER SINGH SIDHU, J.

1. This order shall dispose of two writ petitions No.22649 and 22729 of 2011. The challenge in these writ petitions is to the notifications dated 06.04.2011 and 28.11.2011 issued under Sections 4 and 6 respectively of the Land Acquisition Act, 1894 (for short "the Act"), whereby, the land of the petitioners is sought to be acquired.

2. The arguments against the acquisition in both the petitions are broadly similar. But there are some additional arguments that have been raised in these two petitions based on the nature of the land/building sought to be acquired. As arguments were firstly addressed in CWP No.22729 of 2011 we propose to take that petition first.

CWP No. 22729 of 2011

3. The petitioner is an old lady of about 73 years of age. She is the wife of Late Major General R.K. Suri, who was awarded a Vir Chakra for display of gallantry and leadership of a high order while commanding the battalion of the Jat Regiment during the Indo-Pakistan war 1971. The Punjab government had initially promised 5 acres of land free to Gallantry Awardees, such as the petitioner's late husband, but the promise remains unfulfilled till date.

4. She is owner and in exclusive possession of land measuring 2k- 10 M comprised in Khasra Nos.12//24/2 in village Ferozepur Bangar, Tehsil Kharar, District SAS Nagar which is 50/774 share out of land measuring 38 K-14M comprised in Khasra Nos.12//23/2 (2-1), 24/2 (2-13), 25/2 (1-7), 14//3/3 (2-10), 4 (8-0),5 (8-0), 7/1 (4-9), 24/2 (1-14), 25/1 (3-16) and 8/1 (0-8). The residential house of the petitioner exists on that land. She had purchased the land along with construction thereon, from one Inderjeet Singh s/o Shri Rajbir Singh vide registered sale deed dated 28.06.2001. At that time, there was pucca A-class construction standing on the land in the name of Inderjeet Singh which is in existence till date. She has also got a regular telephone connection installed there. The Petitioner, who is Principal of a school, is living in the said house along with her son who is also an Educationalist, her daughter-in-law, who is an Additional Commissioner of Income Tax, and her two grand-daughters. It is asserted that this house is the only residential house of the petitioner.

5. The petition was filed with the averments that on 06.04.2011, the State Government issued notification under Section 4 of the Act seeking to acquire the land measuring 1213 Kanal-14 Marla (151.7125 Acre) in village Ferozepur Bangar, Tehsil Kharar, District SAS for the public purpose of "setting up of Medicity (Health Facility) in village Mullanpur." The land falling in the abadi of Village Ferozepur Bangar, which is less than 100 meters from the land/house of the petitioner was not included in the said notification. The respondents did not get the substance of the notification published in the locality in accordance with the mandatory provisions of law, as a result of which, many landowners were not able to file objections under Section 5-A of he Act. The petitioner submitted detailed objections under Section 5-A of the Act to the Land Acquisition Collector, Urban Development, Punjab (respondent No.2) against the acquisition of the land in dispute. In the objections, it was stated that the land of the petitioner was situated on the main road, which leads to Kurali. The land was at short distance from the Abadi. It was also urged that the boundary of the Air Force Satellite Base was at a distance of 300 meters from the land of the petitioner. It was also stated that the petitioner was a senior citizen and the acquisition was of her only house. Respondent No.2 fixed the hearing of the objections filed under Section 5-A of the Act. However, instead of hearing each objector individually, respondent No.2 held a joint hearing of all the objectors, which was really an eyewash. They were assured that the land havi































































































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