Harpinder Singh and Another vs State of Punjab and Others

Jasbir Singh, J.—This judgment will dispose of two writ petitions, i.e., Civil Writ Petitions No. 3259 and 3670, both of the year 2011, as common question of law and facts is involved in both these cases. For facility of dictating judgment, facts are being taken from CWP No. 3259 of 2011.

By filing this writ petition, Petitioners have impugned the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894, (in short the Act) on July 29, 2010 and January 10, 2011, respectively.

It was primary contention of counsel for the Petitioners that before issuing notification u/s 6 of the Act, no decision was taken by the Land Acquisition Collector on the objections filed by the Petitioners u/s 5-A of the Act.

On February 25, 2011, following order was passed by this Court:

On 23.2.2011, by taking note of contention raised by the Petitioner that before issuance of notification u/s 6 of the Land Acquisition Act, 1894 (in short, the Act), their objections were not decided, we orally asked the State counsel to produce the record. Record has been produced in Court. On perusing the same, tentatively, we are satisfied that the contention raised appears to be correct.

Notice of motion.

Notice regarding stay as well.

On our asking Mr. Manohar Lall, Addl.A.G. Punjab accepts notice on behalf of the Respondents. Counsel for the Petitioners is directed to supply three copies of the writ petition to him during course of the day.

The State counsel seeks time to get instructions.

On request, adjourned to 11.3.2011.

Shri Manohar Lall, Additional Advocate General, Punjab informs us that in the meantime, the State authorities have withdrawn the notification issued u/s 6 of the Act on January 10, 2011, and have to proceed further with the acquisition as per law, after taking decision on objections filed by the Petitioners u/s 5-A of the Act.

In view of above, we are of the opinion that these writ petitions have become in fructuous and the same are disposed of accordingly. The Land Acquisition Collector and the authorities may proceed further with the acquisition, if need be, on the basis of notification issued u/s 4 of the Act.