Rakesh Garg, J. - (1.) THIS judgment shall dispose of a bunch of 21 writ petitions i.e. CWP Nos. 15528 of 2005, 4135 of 2005, 11127, 18024 of 2006, 10464, 10465, 11117, 11407, 10137, 10645, 10177, 11249, 9750, 10892, 10073, 10296, 10309, 10353, 10461, 10462 and 10463 of 2007.
(2.) THESE writ petitions were initially being heard along with CWP No. 5065 of 2007 and other connected matters in which acquisition of land for development of Phase -II and Phase -III of Chandigarh Technology Park in the Periphery of Chandigarh is under challenge. However, during the course of hearing, it was found that in these writ petitions, there is no challenge to the acquisition of land by the Respondent -Administration but a challenge has been laid to the provisions of the "Punjab New Capital (Periphery) Control Act, 1952 (hereinafter called the "Periphery Act) and declaring the same as ultra vires. In civil writ petitions i.e. CWP Nos. 10464, 10465, 11117, 11407, 10137, 10645, 10177, 11249, 9750, 10892, 10073, 10296, 10309, 10353, 10461, 10462, 10463 of 2007, even no challenge has been laid to the vires of the aforesaid Act and only a prayer has been made for quashing of the notices issued by the Chandigarh Administration under Section 12(2) of the Periphery Act, 1952 asking the Petitioners to demolish the illegal construction made by them. As per the averments, the erstwhile State of Punjab, after losing its Capital at Lahore to Pakistan, proceeded to develop its new Capital at Chandigarh. A committee was appointed by the Punjab Government for the construction of its own capital city which after carefully examining all the factors selected the present site. Thereafter, a master plan of the city was prepared by an American firm. The Committee also appointed an eminent French planner and Architect, Le Corbusier. The city was to be built up in two phases. The first phase covered 9,000 acres of land in the shape of 29 distinct sectors which was increased upto 46 number of sectors; the remaining to be covered in second phase. To translate this concept into a reality, a specific enactment in the form of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter called the 'Capital Act) was enacted. Another specific enactment in the form of Punjab New Capital (Periphery) Control Act, 1952 was also enacted. The aims and objects of the Periphery Act reads as follows: The Punjab Government are constructing a New Capital named Chandigarh. The Master Plan providing for the future extension of the capital will extend over a much greater area than the area acquired so far the construction of the first phase of the Capital. To ensure healthy and planned development of the new city it is necessary to prevent growth of slums and ramshackle construction of the land lying on the Periphery of the new city. To achieve this object, it is necessary to have legal authority to regulate the use of the said land for purposes other than the purposes for which it is used at present.
(3.) THE aforesaid Periphery Act came into force on 12.1.1953 and the same was published in the Government Gazette on 16.1.1953. As per provisions, the Administration declared land within a limit of 5 miles from the outer limits of Capital site of Chandigarh as notified under the Capital Act. Later on the said limits was extended upto 10 miles. as "Controlled Area' for the purpose of keeping it reserve for future extension of the City Chandigarh. In view of the provisions of the aforesaid Act, the Petitioners were entitled to use the land for the purpose of agriculture and its subservient use with the permission of the Competent Authority until the proper planning for extension of city Chandigarh was made.;