Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Kumar Khubbar, Advocate
For the Respondent:Mr. Maninder Singh, Sr. DAG, Punjab, Mr. Sidharth Batra, Advocate; Mr. Abhinav Sood, Advocate and Ms. Achintaya Soni, Advocate

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 purpose as mentioned in the apposite notification is "with a view to promote the Mega Housing Development Schemes in the State of Punjab, and, for that the government entered into an agreement with respondent No.4 for setting up the Mega Township in Sectors 97, 106 and 107, Tehsil and District SAS Nagar". Thereafter, the State Government issued a notification under Section 6 of the Act of 1894 (Annexure P-5) for acquiring land measuring 19.77 acres, thus for the apposite public purpose.

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONERS

4. The learned counsel for the petitioners contends, that the impugned notifications are liable to be quashed and set aside as the procedure provided under Chapter-VII of the Act of 1894, and under the rules known as The Land Acquisition (Companies) Rules, 1963 (hereinafter referred to as "the Rules of 1963) have not been followed. Further as per Section 44-B of Part-VII of the Act of 1894, the land can be acquired for a private company, but only for the purpose mentioned in clause-(a) of sub-section (1) of Section 40, provisions whereof becomes extracted hereinafter. However, it is contended that in the present case, no Land Acquisition Committee was constituted by the State Government, as provided under Rule 3 of the Rules of 1963 nor when the public purpose (supra), falls in alignment with the hereinafter extracted provisions. Therefore, it is contended that the acquiring authority rather blatantly transgressed the statutory mandate, as enclosed in the statutory provisions (supra), and, therebys the acquisition as made for a public/private company concerned, is flawed, and/or is vitiated.

"40(1) [(a) that the purpose of the acquisition is to obtain land for the erection of dwelling-houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or]"

5. It is further submitted by the learned counsel for the petitioners, that till date no amount of compensation has been deposited by the companyrespondent No.4 thus with the government. Resultantly, it is argued that if the acquisition of the subject lands, is necessitated, thereby the acquisition in respect thereof, being enjoined to be launched under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013').

6. The learned counsel appearing for respondent No.2 submits, that as per the reply, Mega Housing Project of respondent No.4 has been approved by the High Empowered Committee under the Chairmanship of Chief Minister, Punjab, in its meetings held on 29.08.2005, and, on 27.01.2006. Subsequently, letter of intent was issued, by the Nodal Agency for Mega Projects in housing sector thus in favour of respondent No.4, through memo No.6