- (1.) The challenge in the present writ petition is to the notification dated 23.11.2010 under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") proposing to acquire 50 acres land including that of the petitioners situated in village Phulra, Tehsil Pathankot District Gurdaspur as also notification dated 3.3.2011 under Section 6 of the Act. However, while publishing notification under Section 6 of the Act, land measuring 47.575 acres alone was declared for acquisition.
(2.) It is the case of the petitioners that the Army Authorities have transferred the land to National Highway Authority of India on account of their requirement for widening of the National Highway and the land in question has been acquired to compensate the Defence for the land utilized by the National Highway Authority of India. It is also pointed out that vide communication dated 9.1.2009, the Defence Authorities requested the National Highway Authority to acquire 50 acres of land as identified by them as per Priority-I i.e. village Phulra near Tarapur Complex by invoking urgency provisions. In case, there is any difficulty in acquisition of land for Priority-I area, the land may be acquired for Priority-II area as identified by Defence Authorities. It was in pursuance of such communication, the land in question has been acquired for the benefit of Army to compensate the Defence for the land utilized by National Highway Authority.
(3.) Learned counsel for the petitioners earlier argued that the Defence has suggested two separate pieces of land for acquisition i.e. Ist priority and IInd priority. The Ist priority of land is the agricultural land whereas the IInd priority is not being used for agricultural purpose and that the State Government has acquired the Ist priority land. Learned counsel for the respondent-State was directed to seek instructions as to why the IInd priority was not acceded to while acquiring the land.;