- (1.) Challenge in the present petition is to the notification dated 17.9.2009 (Annexure P-2) published under Section 4 of the Land Acquisition Act 1894 (for short the 'Act') and the notification dated 3.5.2010 (Annexure P-4) published under Section 6 of the Act. The primary challenge of the petitioner is that the notification under Section 6 of the Act has been published without considering the objections filed by the petitioner under Section 5-A of the Act.
(2.) The learned State Counsel made a statement on 21.1.2011 that no objections were filed by the petitioner under Section 5-A of the Act. It was so stated on the basis of the letter addressed by the Sub Divisional Magistrate, Faridkot to the office of the Additional Advocate General, Punjab. It was reiterated on 31.1.2011. Subsequently, an affidavit was filed by the petitioner pointing out that the objections were handed over by the petitioner to Paramjit Singh, Reader attached to the Sub Divisional Officer (Civil) Faridkot on 5.10.2009. Faced with the situation, the learned State Counsel stated on 15.2.2011 that the objections were filed but they were not complete and accordingly returned to the petitioner. While adjourning the matter to 1.3.2011, the Sub Divisional Magistrate, Faridkot was directed to come present in Court along with the original record.
(3.) Today, Mr. Moudgil, learned DAG, Punjab has produced the original record in Court and further points out that the objections were in fact received on 5.10.2009 but were returned by the Sub Divisional Magistrate on 27.10.2009 with the remark that the objections can be filed within a period of 15 days of the publication in the locality by beat of drum. The exact endorsement when translated in English reads as under: - No. 251 Reader Dated 27.10.2009 The objections are returned in original to Maharawal Khewaji Religious and Charitable Trust through Shri Ranjit Singh, Behliwal, Advocate, Districts Courts, Faridkot that objections are incomplete. Site plan is not forthcoming and it is further ordered that objections be filed within 15 days after proclamation. Sd/- Sub Divisional Magistrate, Faridkot The office copy of the said endorsement is available on the photocopy of the objections on record.;