- (1.) Leave granted in both the Special Leave Petitions.
(2.) Appellants herein are owners of various tracts of agricultural lands situate in Village Chak Gujran, Tehsil and District Hoshiarpur in the State of Punjab. Respondent No. 5, M/s International Tractors Limited, is a Company incorporated under the Companies Act, 1956. It intended to set up a project named "Ganesha Project". It requested the State to acquire lands in question in terms of the provisions of the Land Acquisition Act, 1894 (for short, "the Act"). A notification was issued by the State purported to be under Section 4 of the Act on 15.02.2002, stating : "Whereas it appears to the Governor of Punjab that Land is likely to be required to be taken by the Government at the public expense, for a public purpose namely for setting up of Ganesha Project, M/s. International Tractors Ltd. at Village Chak Gujran, Tehsil & Distt. Hoshiarpur, it is hereby notified that the land in locality described below is likely to be required for the above purpose. This notification is made under the provisions of Section 4 of the Land Acquisition Act, 1894 to all whom it may concern. In exercise of powers conferred by the aforesaid section, the Governor of Punjab is pleased to authorize the officers for the time being engaged in undertaking with their servants and workmen to enter upon and survey any land in the locality and do all other acts required or permitted by that section. Any person interest who has any objection to the acquisition of any land in the locality may within thirty days of the publication of this notification file an objection in writing before the Collector, Land Acquisition Department of Industries & Commerce, Punjab, 17-Bays Building, Chandigarh."
(3.) Objections having been called for, the appellants herein filed their objections in terms of Section 5A of the Act, inter alia, stating : "5. That the proposed acquisition by the Punjab Government is unconstitutional, uncalled for and against law and fact of the case, just in order to cause loss to the objectors and to give unlawful gain to other party, i.e., the proposed "Ganesha Projectors M/s. International Tractor Ltd. 7. That the acquisition of the proposed land belonging to the objectors is against the interest of the objectors keeping in view the policies of the State. The land in question is cultivable fertile land and the proposed project if any can be shifted some where else at some barren land as well as in the industrial zone according to Industries Master Plan and in this way, it is in the interest of the Pollution Control Department. 9. That the objectors are cultivating the land for the last over 25 years, it is consolidated at one place where in the objector has installed electric motors and planted popular trees around the fields. The objectors do not want that the land in question be acquired since it is against their interest and objectors are dependent on this Acquisition land. The Agriculturist/Farmer is entirely dependent on his land for his livelihood. There are various projects in the name of Escorts Tractors, Mohindra Tractors, Massy Furgon Tractors and so many other tractors companies/industries fulfilling the needs of the public and as such there is no need at all of the proposed industry to be set up in the lands of the objectors. 10. That in any way the proposed acquisition is against the rules of the acquisition and the act itself keeping in view the interest of the objectors thus causing wrongful loss to the objectors and causing wrongful gain to the proposed objectors.";