CIVIL WRIT PETITION NO. 3599 OF 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: February 28, 2011. Parties Name Gurbir Singh and others ...PETITIONERS VERSUS The State of Punjab and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Rajesh Kumar Girdhar, Advocate, for the petitioners Jasbir Singh, J. (oral) JUDGMENT This writ petition has been filed with a prayer to quash a notification dated August 27, 2009, issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (in short the Act) to acquire land measuring 11.79 Acres for a public purpose, namely, 'for construction of Sherwala Link Drain from RD-17480 out falling into Bam Drain at RD 67525' in Tehsil Malout & Muktsar, district Muktsar. Further challenge has been laid to a declaration issued on September 22, 2009 (P-4) under Section 6 read with Section 17 of the Act, finally deciding to acquire above said land. CIVIL WRIT PETITION NO. 3599 OF 2011 -2- As per facts, mentioned in this writ petition, the land is going to be acquired to drain out dirty pond water in the village. It appears that the same is being done to eradicate the problem of water logging and also to prevent the spread of any disease on account of stagnated water next to the village. It is contention of the counsel for the petitioners in this writ petition that despite invoking the emergency provision under Section 17 of the Act, the construction of drain has not yet been started. However, at the time of arguments, it was fairly admitted by the petitioners' counsel that the construction has now been started. If that is so, we are of the view that no interference can be made by this Court at this stage. Except making a grievance that land of the petitioners will be bifurcated into two parts and also that the alignment of the drain is lengthy one, nothing more has been said in the writ petition. We are of the view that the authorities are the best judge and may be as per level of the land, the alignment of the drain might have been fixed. There is nothing on record to show to the contrary except a bare averment. We are convinced that as per facts on record, there was emergent need to divert the stagnant dirty water next to the village. No case is made out for interference. Dismissed. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge February 28, 2011. DKC