Akhara Brahm Buta Amritsar vs State of Punjab and others

M.R. Sharma, J.—The petitioner is a religious institution. The land belonging to it was sought to be acquired by the State Government Notification u/s 4 of the Land Acquisition Act was issued on November 19, 1975. The grievance made in the petition is that the substance of the notification was not published in the locality simultaneously and the delay in its publication has not been properly explained. The return filed on behalf of the respondents shows that the substance of the notification was published on November 28, 1975. It is however, true that this delay of 10 days has not at all been explained in the written statement. In view of the Full Bench decision of this Court in Rattan Singh and others v. The State of Punjab and others (1976) 78 P.L.R. 545, it has to be held that the mandatory provisions of Section 4(1) of the Act have not been complied with Mr. Gurmukh Singh Chawla, appearing on behalf of the learned Advocate-General, Punjab, submits that the land owner in this case had filed objections on December 16, 1975 as a consequence of which he was given a personal hearing also. The learned counsel submits that in view of these peculiar circumstances, the technical objection raised on behalf of the petitioner should not be allowed to prevail. I am unable to agree with Mr. Chawla. In Narindrajit Singh and Ranjit Singh and Others Vs. The State of U.P. and Others, it was held that even when the provisions of Section 17 of the Act were invoked and the Collector is authorised to enter upon the land without hearing objections, the substance of the notification u/s 4 has to be published in the locality. In this view of the matter, whether the land owner came to know about the notification or not becomes wholly otiose.

For the reasons mentioned above I allow this Writ Petition and quash the notification u/s 4 of the Act, Annexure P. 6. It shall however be open to the respondents to issue fresh notification in accordance with law if they desire to go ahead with the acquisition of this land. Otherwise the possession of the land shall be restored to the petitioner within three months from today. No costs.