- (1.) Rajinder Kumar and five others have filed this writ petition challenging the acquisition of their properties.
(2.) The salient facts are that the Commissioner of Municipal Corporation, Jullundur, in pursuance of the provisions of section 171 of the Punjab Municipal Corporation Act, 1976, requested the State Government to acquire the lands in question, under the provisions of the Land Acquisition Act, 1894, on payment by the said Municipal Corporation of the compensation awarded under the Act and any other charges incurred in acquiring the same. Accordingly, the Government published notification dated 25th November, 1981, (Annexure P.1) under section 4 of the Land Acquisition Act to the following effect :- "Whereas it appears to the Governor of Punjab that the land described in the specification below, is needed for a public purpose, namely, for the purpose of the Municipal Corporation, Jullundur for providing sewer in Southern area of Jullundur City, and for providing link road from Preetam Palace to Kapurthala Road to remove congestion from the existing city area....'' Further, in the exercise of the powers under the said Act, Governor of Punjab directed that action under section 17(2) (c) on the ground that the land specified in the notification Annexure P.1 was urgently needed for the above-said public purpose and the acquisition was saved from the application of the provisions of section 5-A of the Act. The notification Annexure P.1 included therein declaration under section 6 of the said Act.
(3.) The State of Punjab (respondent No. 1) and the Municipal Corporation, Jullundur (respondent No.3) have contested the challenge to the acquisition proceedings.;