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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, LALIT BATRA
Gurdev Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioners pray for quashing of notification (Annexure P-3) issued on 10.09.2010, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act of 1894"); besides pray for the quashing of notification (Annexure P-5) issued on 17.03.2011, under Section 6 of the Act of 1894.2. The brief facts of the case are that the Government of Punjab issued a notification dated 10.09.2010, to acquire land measuring 22.96 acres, situated at villages Bhagomajra, Raipur Kalan, Sambhalki and Manak Majra, falling in Sectors 97, 106, and 107 of SAS Nagar (Mohali) for setting up mega project approved by the authorities in favour of respondent No.4. The purpose was mentioned as "at the expense of the company for public purpose, the planned harmonious and compact urban development of the area".
3. The petitioners filed their objections, on dated 07.10.2010, under Section 5-A before the Land Acquisition Collector, regarding the acquisition of their estates, thus well within one month from the date of issuance of notification (supra). The said objections are carried in Annexure P-4.
4. Reiteratedly, the public purpo
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to non-payment ....
The court emphasized that proper procedural safeguards, including meaningful hearings and recommendations, are essential in land acquisitions under the Land Acquisition Act, affirming that violation ....
A vague notification under the Land Acquisition Act fails to satisfy legal standards for a public purpose, invalidating the acquisition.
The court affirmed the validity of land acquisition notifications, ruling that the petitioner was estopped from claiming release due to prior compliance and lack of challenge to earlier orders.
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
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