Balkar Singh and others vs State of Punjab and others

Hemant Gupta, J.—The petitioners are the land owners of village Juenpura, District Fatehgarh Sahib. The land of the petitioners was intended to be acquired vide notification dated 13.06.2011 (Annexure P-1). The petitioners have filed objections u/s 5A of the Land Acquisition Act, 1894 (for short ''the Act'') Subsequently, notification u/s 6 of the Act was published on 09.12.2011 (Annexure P- 5). The petitioners have challenged the declaration u/s 6 of the Act, primarily on the ground that the petitioners were not given any opportunity of hearing in respect of the objections filed by the petitioners u/s 5A of the Act.

In the written statement, the stand of the respondents was that the notices were served upon the petitioners by beat of drum in the locality. On 18.04.2012, learned counsel for the respondents sought time to examine the question, as to whether the substituted service can be effected without making any attempt to serve the petitioners personally.

Today, Mr. Jain states that the petitioners, who have submitted objections as owners of the land on the date of publication of the notification u/s 4 of the Act will be heard on 30.04.2012 at 11.00 A.M. in the office of the Land Acquisition Collector, Fatehgarh Sahib. It is, thus, conceded that the notification u/s 6 of the Act qua the petitioners be quashed to (sic)ve liberty to the respondents to publish a fresh notification u/s 6 of the Act after considering the objections filed by the petitioners. In view of the said fact, the notification u/s 6 of the Act (Annexure P-5) is quashed qua the petitioners with liberty to the respondents to publish a fresh declaration after hearing the objectors in accordance with law.