IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.10046 of 2008 Date of decision: 9.3.2009 Sukhdev Singh. -----Petitioner Vs. State of Punjab and another. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON’BLE MR JUSTICE JITENDRA CHAUHAN Present:- Mr. Surinder Garg, Advocate for the petitioner. Mr. Manohar Lall, Add.A.G., Punjab. ----- Adarsh Kumar Goel, J. 1. This petition seeks quashing of notification dated 7.2.2008, Annexure P-4, published on 8.5.2008 including the land of the petitioner by way of a Corrigendum to the notification dated 31.8.2007 under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”). The land is sought to be acquired for construction of Lal Bai Link Drain in District Muktsar. 2. Case of the petitioner is that the land of the petitioner was not covered by the acquisition, but later on, by changing the original proposal of the route of the drain, the land of the petitioner has been included by way of a corrigendum. No survey was conducted before C.W.P. No.10046 of 2008 issuing the corrigendum nor the petitioner was heard. Learned counsel for the petitioner has drawn our attention to Site Plan, Annexure P-5, in support of his submissions. 3. Reply has been filed by Sub Divisional Officer, Guruharsahai Drainage Sub Division, Faridkot. In para 7, it has been stated that route of new proposed drainage has been kept along the natural flow of new Abul Khurana Minor. 4. On May 30, 2008, this Court issued notice, noticing the contention that Corrigendum was in the nature of notification under Section 4 of the Act but terming it as “Corrigendum” deprived the petitioner of his rights. On this aspect, no reply has been given in the counter affidavit. 5. We are of the view that the petitioner cannot be deprived of compensation as per market value on the date on which land of the petitioner has been for the first time included in the acquisition proceedings by way of corrigendum. Accordingly, we direct that if land of the petitioner is acquired, he will be entitled to compensation according to the market value as on 8.5.2008. 6. We are also of the view that since land of the petitioner has been included more than six months after the original notification and the original plan has been changed, the petitioner is entitled to be heard in the matter by the competent authority. 7. We, therefore, direct Secretary, Department of Irrigation and Power, Punjab to give the petitioner a hearing and take a decision in the matter within 15 days after the hearing. If the 2 C.W.P. No.10046 of 2008 Secretary is convinced about the case of the petitioner, further action may be taken accordingly. 8. The petitioner will appear before Secretary, Department of Irrigation and Power, Punjab on 17.3.2009 at 11-00 A.M. 9. Till a decision is taken by Secretary, Department of Irrigation and Power, Punjab, the stay granted by this Court on 30.5.2008 will continue. 10. The petition is disposed of accordingly. ( ADARSH KUMAR GOEL ) JUDGE March 09, 2009 ( JITENDRA CHAUHAN ) ashwani JUDGE 3