Balkar Singh vs State of Punjab

Surya Kant, J.—The petitioners seek quashing of the Notification dated July 14, 2000 and September 10, 2002, issued under Sections 4 & 6 read with Section 17 of the Land Acquisition Act 1894. The land was acquired for the public purpose of construction of "Kalru Link Drain upto RDC-8355.60" in Tehsil Kapurthala/Sultanpur District Kapurthala. The petitioners are the owners of subject land situated within the two revenue estates of village Kahne & Kalru Tehsil Kapurthala & Sultanpur Lodhi, District Kapurthala. The ''public purpose'' of the subject acquisition is not in dispute.

The short question that arises for consideration is whether the respondents were justified to invoke the urgency clause u/s 17 of the Land Acquisition Act, 1894?

As the facts would speak for themselves, the proposal to acquire the land was notified u/s 4 on 14th July, 2000. It appears that the Notification u/s 6 was issued on 19th November, 2001 but due to some error with respect to the description of land, another Notification u/s 6 was issued on 10th September, 2002, this time by invoking the urgency power u/s 17-A of the Act.

Suffice it to observe the if the respondents could wait to publish the declaration u/s 6 for a period of over 2 years, there was no rhyme or reason for them not to give an opportunity to the land owners to submit their objections u/s 5-A for which only a month''s time is prescribed. It is an admitted fact that no opportunity to submit objections was granted nor such objections were considered before issuing Section 6 Notification.

It may also be mentioned here that dispossession of the petitioners was stayed by this Court on 7th October, 2002 and the said order is still operative.

In the light of the facts and circumstances noticed above, we are satisfied that there was no occasion for the respondents to invoke the ''urgency clause'' even though the public purpose of acquisition was bona fide and genuine.

For the reasons aforestated, we allow the writ petition and quash both the Notifications issued u/s 6 of the Act. Since the Land Acquisition Act, 1894 has been meanwhile repealed by The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 4 Notification also becomes infructuous. The writ petition is accordingly allowed in the above terms. However, keeping in view the nature of public purpose, the respondent-authority shall be at liberty to acquire the land afresh in accordance with law.