IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5912 of 2008 DATE OF DECISION: November 12, 2008 Puran Chand and another …Petitioners Versus State of Haryana and another …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JORA SINGH Present: Mr. A.C. Jain, Advocate, with Mr. Alok Jain, Advocate, and Ms. Aparna Jain, Advocate, for the petitioners. Mr. M.L. Saggar, Addl. AG, Haryana, and Mr. Ashish Kapoor, Addl. AG, Haryana, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant petition filed under Article 226 of the Constitution prays for quashing notification dated 12.3.2008 (P-1), issued by the respondents under Section 4 read with Section 17(2)(g) of the Land Acquisition Act, 1894 (for brevity, ‘the Act’). The public purpose for acquisition of the land is Secondary Water Reservoir Plans for newly developed area of Southern Part of the Town Rewari, C.W.P. No. 5912 of 2008 Tehsil and District Rewari. The principal ground of challenge raised by the petitioners is that the funds for setting up of Secondary Water Reservoir were sanctioned in April 2007 alongwith the scheme and a period of three years for completion of the project was fixed i.e. by March 2010. The notification invoking the urgency provision has been issued about 11 months after the sanction granted and, therefore, urgency provision is not called for. It has also been submitted that the land of the Gram Panchayat, which is banjar quadim land is available and it could have been utilized for the public purpose leaving the fertile land for cultivation. 2. The averments made in para 5 of the written statement categorically highlight that the aforementioned project has been approved by the National Capital Region Planning Board and is a Government of India aided project. A sum of Rs. 1,665 lacs is proposed to be spent. It has also been asserted that a sum of Rs. 1295.58 lacs have already been released by the Centre Government as well as the State government and the project is required to be completed by March 2010. It has further been asserted that the work for providing sewerage facility for the area at the cost of Rs. 1224.25 lacs is in progress and more than 60% work has already been accomplished, which is going to benefit population of about 35,000 persons and potable water supply would be provided to them. With regard to the Panchayat land it has been submitted that only village pond for storage of rainy water of the village is available and in any case the land of the petitioner is more suitable and proper for the construction and setting up of the second water works. There is no land belonging to the Gram Panchayat, which is of banjar quadim 2 C.W.P. No. 5912 of 2008 (barren) nature surrounding the acquired land. In that regard reliance has been placed on the site plan Annexure R-1. In para 7 of the written statement it has been pointed out that there is no potable water source in the approved colonies situated on the western side of Rewari Town and the ground water is blackish in those colonies and, therefore there was dire necessity of canal based water supply scheme. Accordingly, there was urgency and the land of the petitioner has been acquired by invoking Section 17 of the Act. 3. We have heard the learned counsel for the parties and perused the record with their able assistance and are of the considered view that there is no legal infirmity in the impugned notification dated 12.3.2008 (P-1) acquiring the land of the petitioners by invoking the urgency provision contemplated by Section 17(2) of the Act. The supply of potable water to general public is a prime duty of the State Government. The State Government has made efforts in an area where the ground water is blackish so as to supply them with potable water free from any diseases. To make potable water available to the masses is a yeoman service which every State Government is under obligation to supply. The public purpose for which the land of the petitioners has been acquired fully justifies invoking of urgency provision, especially when it is revealed that a population of about 35,000 persons of western Rewari Town is going to be benefited. If the ground water of that area is blackish, the population is likely to suffer from water born diseases and the delay in executing of such a project would be injurious to public health. 4. The argument of the leaned counsel for the petitioners that the land of the Gram Panchayat, which is stated to be banjar 3 C.W.P. No. 5912 of 2008 quadim (barren), is available has not impressed us because the aforementioned land has not been found suitable by the respondents for execution of the aforementioned public purpose. Therefore, we are of the view that the writ petition does not warrant admission and is liable to be dismissed. 5. For the reasons aforementioned this petition fails and the same is dismissed in limine. (M.M. KUMAR) JUDGE (JORA SINGH) November 12, 2008 JUDGE Pkapoor 4