CIVIL WRIT PETITION NO. 3739 OF 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: March 08, 2011. Parties Name Jasbir Kaur and another ...PETITIONERS VERSUS State of Punjab and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Sandeep Jain, Advocate, for the petitioner Mr. Manohar Lall, Addl. A.G., Punjab Jasbir Singh, J. (oral) JUDGMENT This writ petition has been filed laying challenge to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894, (in short the Act) on May 25, 2010, and October 21, 2010, respectively. Vide those notifications, land measuring 12 Kanals 7 Marlas was ordered to be acquired for a public purpose, namely, for “Interception and Diversion work” at Banga, district Shaheed Bhagat Singh Nagar (Under CIVIL WRIT PETITION NO. 3739 OF 2011 -2- Satluj Action Plan Phase II) to be executed by Punjab Water Supply and Sewerage Board. Petitioners are the owners of about 9 Kanals of land out of the land mentioned above. To claim relief, following averment was made in paragraph No. 14(c) of the writ petition: “That no public notice of the substance of such notification has been given by the Collector as well, as required under law. Further, no entry of such public notice has been recorded in Roznamcha Wakaiti of the Patwari Halqa, Banga. Further, no publications in any of the newspapers under Section 4 as well as under Section 6 of the Land Acquisition Act was ever made and there is no entry of such publication in the Rapat Roznamcha which is clear from the report dated 13.8.2010 and 23.12.2010.” At the time of issuance of notice of motion, following order was passed by this Court on March 3, 2011: “Counsel for the petitioner states that to acquire the land in dispute, no publication was made in two newspapers as is mandatory under the provisions of Section 4 of the Land Acquisition Act, 1894. At the time of hearing, we made it very clear to the counsel that if this averment is found to be incorrect, the petitioner will be burdened with heavy costs. Even then the counsel put up a stand that the assertion made is correct. Notice of motion for March 8, 2011. Mr. Manohar Lall, Addl. CIVIL WRIT PETITION NO. 3739 OF 2011 -3- A.G., Punjab, accepts notice. Mr. Jain is directed to hand over to the State counsel three copies of the writ petition during course of the day. State counsel is directed to bring record of acquisition in this case in Court on the next date of hearing.” In response thereto, record has been shown to us and it is apparent that above said notification under Section 4 of the Act to acquire the land was published in two daily newspapers, namely, Jag Baani and Tribune on June 2, 2010. Notification under Section 6 was published in two Daily Newspapers, namely, Punjabi Ajit on October 30, 2010, and Hindustan Times on October 31, 2010. It is further stated that the notifications were also notified in the official gazette on May 25, 2010 (under Section 4 of the Act) and on October 21, 2010 (under Section 6 of the Act). Proclamation in the village with regard to the notifications under Sections 4 and 6 of the Act was got done by the Patwari on August 13, 2010, and December 23, 2010 respectively. This fact is apparent from the Rapat Roznamcha, which has been put on record by the petitioners. Draft award was also published on March 4, 2011. In view of facts, mentioned above, we feel that there was no procedural defect in ordering acquisition of the land. Otherwise also, we are of the opinion that unless and until there is any material defect regarding procedure, in acquisition of the land and the acquisition is for a good public purpose, i.e., to decrease water pollution, it cannot be set aside. In view of above, this writ petition is dismissed and in terms of the order passed by this Court on March 3, 2011, the petitioners are burdened with costs of Rs. 10,000/-(ten thousand) to be deposited by the CIVIL WRIT PETITION NO. 3739 OF 2011 -4- petitioners with the Secretary, Legal Services Authority, Chandigarh, within one month from today, failing which its Secretary may initiate the process to recover the same. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge March 08 , 2011. DKC