- (1.) Narinder Singh and others have filed this petition under Articles 226 and 227 of the Constitution of India, for the issuance of an appropriate writ or order, directing the respondents not to proceed with the digging of the water drain without going through the legal formalities. The facts of this case as given in the petition may briefly be stated thus :- The petitioners are owners of land comprised in Killa Nos. 6/19, 22, 13/2, 9, 12/7, 13/22/2 and 19/1 situated in village Pandori Chak, Tehsil Ajnala, District Amritsar. In the year 1961, the Irrigation and Drainage authorities made a survey for Digging a drain to carry rain water of village Rai into Chowgawan drain and the proposed drain was to pass through the lands of Charan Singh, Sarpanch, Hazara Singh, Sunder Singh and Tara Singh. It is further stated that Charan Singh, Sarpanch, and others belong to an influential political party and, therefore, no digging operations could be started under the proposed scheme formulated by the Irrigation and Drainage Department. The petitioners have now come to know that some other survey has been carried out in order to drain out the rain water of village Rai by digging out a nulla from the area of the petitioners comprising in Killa numbers 6/19, 22, 13/2, 9, 12/7, 13/12/2, 13/22/2 and 19/1. It is this action of the authorities which is being challenged by way of this petition on various grounds stated therein.
(2.) Written statement has been filed by Shri Sukhbir Singh, I.A.S., District Magistrate, Amritsar, in which the material allegations made in the petition have been controverted. It is specifically stated that the land through which the drain is to be dug, has been requisitioned in accordance with law under the Punjab Requisitioning and Acquisition of Immovable Property Act, 1953 (hereinafter referred to as the Act).
(3.) The main ground urged before me by Mr. Shahpuri, learned counsel for the petitioners, is that the notice alleged to have been issued under Section 3 of the Act was illegal as it did not comply with the mandatory provisions of Section 3 of the Act inasmuch as the purpose of the requisition has not been mentioned and as such requisition made in pursuance of that notice, is illegal and ineffective.;