IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.13518 of 2010 Date of Decision:- 17.11.2010 Gurmail Singh and others ....Petitioner(s) vs. The State of Punjab and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.R.D.Bawa, Advocate, for the petitioners. Mr.Rupinder Khosla, Addl.A.G., Punjab, for respondents No.1 and 2. Mr.Vijay Kaushal, Advocate, for respondent No.3. *** Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash notification dated 19.3.2010 issued under Section 6 of the Land Acquisition Act (in short 'the Act') to acquire land of the petitioners for a public purpose, namely, construction of 3 Nos. STP of capacity 10 MLD, 2.5 MLD & 2 MLD based on sequential Batch Reactor (SBR) technology, at Roop Nagar. After notice, reply has been filed wherein it was stated that the notification was published in two newspapers having circulation in the area and further announcement was made through loudspeakers in the Gurdwara. It is apparent from the records that the petitioners failed to file any objections under Section 5-A of the Act. On this score, this writ C.W.P.No.13518 of 2010 -2- petition is not maintainable in view of ratio of a judgment of this Court passed by a Division Bench of this Court in the case of Nishi Gupta and another vs. State of Haryana and others (C.W.P.No.14673 of 2007 decided on 8.7.2006). Be that as it may, it is contention of counsel for the petitioners that Government land which can suitably be used for setting up of STP is lying vacant at a near distance from land of the petitioners. With a view to verify above fact and to save land of the petitioners, we passed the following order on 12.11.2010: “In the replication, it has been specifically stated, by referring to jamabandi for the year 2003-04 that land situated ahead of the land of the petitioners, which is described as shamlat deh, is government land and is suitable to set up STP. In the reply filed, it has vaguely been stated that no government land is suitable to set up STP. Taking note of the facts of the case, we direct the Deputy Commissioner, Roopnagar to file an affidavit, after visiting the spot as to what is the distance between the land of the petitioners and the land shown in jamabandi annexed with the replication (P-10). It will also be stated as to why that land, if situated in near vicinity of the petitioners' land is not suitable to set up STP. Adjourned to 17.11.2010.” In response thereto, a report has been filed by the Deputy C.W.P.No.13518 of 2010 -3- Commissioner stating as under:- “As per report of the committee, the only chunk of land of this dimension is available in Khasra Nos.23//7, 8 and 9. However, these khasra numbers are located at a distance of ¾ km away from the proposed site. However, this site is also not feasible for the following reasons:- i) The land comprised in Khasra Nos.23//7, 8, and 9 stands leased out to Punjab Agri. Export Corporation vide memo no.33/40/03 Agri-2(7)/955 Chandigarh dated 27.1.2006. ii) As these Khasra nos. are located at a distance of about ¾ Km. Away from the proposed STP site, it will not be feasible to construct the STP at this place as it will substantially increase the cost of the project which already stands approved. I have also inspected this site. I agree with the report of the committee. Shifting the STP will involve additional expenditure of about Rs.50.00 lakhs. Furthermore this will delay the project as the scheme will have to revised and sanctions will have to be taken again. Also the land has been leased out to the PAIEC. Moreover there is a plan to use this land and adjoining land for Knowledge based industry and R&D institutions. Setting up of an STP here will seriously thwart the efforts of the Government to bring high end C.W.P.No.13518 of 2010 -4- institutions in this area. Therefore it will not be in the public interest to utilize this land for STP. The Hon'ble Court may kindly be apprised of these facts.” We feel that the Government land lying vacant next to the land of the petitioners is not suitable for setting up of STP, for the reasons stated in this report. No case is made out for interference. Dismissed. ( JASBIR SINGH ) JUDGE November 17, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE