Disposed

Harbans Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC6 Aug 2010CWP/1767/2010

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What is this about?

Petitioners challenged the validity of land acquisition notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, alleging a procedural defect regarding their publication order. Upon an undertaking from state officials stating that a change in alignment rendered earlier notifications void and fresh ones would be issued, the writ petition was held infructuous and disposed of.

What did the court decide?

The writ petition was held as infructuous and disposed of.

Harbans Singh and Ors. Vs State of Punjab and Ors. — Land Acquisition | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.1767 of 2010 Date of decision: 6.8.2010

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Harbans Singh and others

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…..Petitioners

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versus

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State of Punjab and others

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……Respondents

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CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih

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Present: Mr.Gurmeet Singh, Advocate for the petitioners Mr.Surinder Kapoor Kohli, Addl.A.G. Punjab Mr.Arvind Rajotia, Advocate for respondent No.5

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Jasbir Singh, J. (Oral)

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By filing this writ petition, challenge has been laid to the notification dated 25.6.2009 (P2) issued under section 4 of the Land Acquisition Act, 1894 (in short, the Act). Further challenge is to the declaration issued under Section 6 of the Act on 17.8.2009.

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In this writ petition, it is grievance of the petitioners that notification under Section 4 of the Act was published in a newspaper on 4.9.2009 i.e. after issuance of the notification under Section 6 of the Act, as such, the same can not be sustained.

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Faced with the situation, the State counsel sought an adjournment to seek instructions. Today, in Court, an undertaking of Executive Engineer, Drainage Construction Division, C.C. Ferozepur has been filed, contents of which, read thus:-

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Civil Writ Petition No.1767 of 2010

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“As per order dated 5.8.2010 of the Hon’ble Punjab and Haryana High Court in respect of CWP No.1767 of 2010Harbans Singh and others versus State of Punjab and others, it is submitted that as per demand of Gram Panchayat village Khui Khera, revised alignment and L-Section of the Shajrana Link Drain was approved by the Superintending Engineer, Drainage Construction Circle, Ferozepur vide letter No.67/1-L Const. dated 7.1.2010. On the basis of revised alignment and L-Section, fresh land papers for approval and publication under Section 4 of the Land Acquisition Act, 1894 stand submitted to the Government. As such already issued notification under Section 4 of the Land Acquisition Act, 1894 and Declaration under Section 6 of the said Act becomes null and void. Therefore, after making fresh notification under Section 4, fresh declaration under Section 6 of the Act will be made as per Codal Rules.

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It is, therefore, respectfully prayed that the above undertaking may kindly be accepted.”

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In this undertaking, it has been stated that in view of change in the alignment of the drain, earlier notifications issued, have become infructuous and fresh notifications will be issued to acquire the land for construction of drain in question.

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In view of above, this writ petition has become infructuous and is disposed of accordingly.

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(Jasbir Singh)

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06.08.2010 (Augustine George Masih) gk Judge

Harbans Singh and Ors. v. State of Punjab and Ors.

Case brief

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Harbans Singh and Ors. v. State of Punjab and Ors.

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