Punjab-Haryana High Court
Maharawal Khewaji Religious And vs State Of Punjab And Another on 16 July, 2012
Author: Hemant Gupta
Bench: Hemant Gupta, Rajiv Narain Raina
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: 16.7.2012
CWP No. 825 of 2011
Maharawal Khewaji Religious and
Charitable Trust ......Petitioner
vs.
State of Punjab and another .....Respondents
CORAM: - HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: - Mr. Arun Jain, Sr. Advocate with Mr. Ankur Soni, Advocate for the petitioner.
Mr. Sandeep Moudgil, DAG, Punjab for respondents.
HEMANT GUPTA, J Challenge in the present petition is to the notification dated 17.9.2009 (Annexure P-2) published under Section 4 of the Land Acquisition Act 1894 (for short the 'Act') and the notification dated 3.5.2010 (Annexure P-4) published under Section 6 of the Act. The primary challenge of the petitioner is that the notification under Section 6 of the Act has been published without considering the objections filed by the petitioner under Section 5-A of the Act.
The learned State Counsel made a statement on 21.1.2011 that no objections were filed by the petitioner under Section 5-A of the Act. It was so stated on the basis of the letter addressed by the Sub Divisional Magistrate, Faridkot to the office of the Additional Advocate General, Punjab. It was reiterated on 31.1.2011. Subsequently, an affidavit was filed by the petitioner pointing out that the objections were handed over by the petitioner to Paramjit Singh, Reader attached to the Sub Divisional Officer (Civil) Faridkot on 5.10.2009. Faced with the situation, the learned State Counsel stated on 15.2.2011 that the objections were filed but they were not complete and accordingly returned to the petitioner. While adjourning the CWP No. 825 of 2011 -2- matter to 1.3.2011, the Sub Divisional Magistrate, Faridkot was directed to come present in Court along with the original record.
Today, Mr. Moudgil, learned DAG, Punjab has produced the original record in Court and further points out that the objections were in fact received on 5.10.2009 but were returned by the Sub Divisional Magistrate on 27.10.2009 with the remark that the objections can be filed within a period of 15 days of the publication in the locality by beat of drum. The exact endorsement when translated in English reads as under: -
No. 251 Reader Dated 27.10.2009 The objections are returned in original to Maharawal Khewaji Religious and Charitable Trust through Shri Ranjit Singh, Behliwal, Advocate, Districts Courts, Faridkot that objections are incomplete. Site plan is not forthcoming and it is further ordered that objections be filed within 15 days after proclamation.
Sd/-
Sub Divisional Magistrate, Faridkot The office copy of the said endorsement is available on the photocopy of the objections on record.
We have heard learned counsel for the parties and find that returning of the objections filed by the petitioner under Section 5-A of the Act in the manner adopted is wholly illegal, defeats the purpose of filing of the objections and abuse of power of eminent domain conferred on the State Government under the provisions of the Act. Such return of objections in facts amounts to abdication of authority by the Land Acquisition Collector. Still further, the objections have been returned on a non-tenable ground that the objections be filed within 15 days of the publication. In fact, the Land Acquisition Collector (Sub Divisional Magistrate) has rewritten the law. The each of the notification published under Section 4 of the Act confers right on a land owner to submit objections under Section 5-A of the Act. Such objections could be filed within 30 days. Whereas, the officer has not treated the earlier publications as valid but also given different period to file objections. The Land Acquisition Collector has considered the publication in the CWP No. 825 of 2011 -3- gazette or in the newspaper as otiose and introduced a new provision to file the objections after publication of the notification by beat of drum in the locality and that too within 15 days. The Sub Divisional Officer exercising the powers of Land Acquisition Collector has thrown the law to the winds and acted in flagrant violation of the mandatory provisions of the law and consequently, failed to discharge his statutory duties.
Consequently, we have no option but to set aside the notification under Section 6 of the Act as the same suffers from patent illegality. We also direct the Sub Divisional Officer exercising the powers of Land Acquisition Collector to pay Rs.1,00,000/- as costs of the present writ petition within two months to the petitioner. We also direct the Chief Secretary, Punjab to conduct an inquiry in the manner in which the objections were dealt with, so as to initiate departmental inquiry and to report action taken in the proceedings within a period of next six months.
Disposed of in the above terms.
(HEMANT GUPTA) JUDGE (RAJIV NARAIN RAINA) JUDGE 16.7.2012 preeti