SURYA KANT, J. - (1.) THE petitioners No. 1 and 2, who are father and daughter respectively, along with petitioner No. 3 seek quashing of the notification dated 26th March, 1992 issued under Section 4 read with Section 17 as also the notification dated 19th May, 1992 issued under Section 6 read with Section 17 of the Land Acquisition Act, 1894 to the extent of acquisition of their land comprising Khasra Nos. 16, 17 and 25 situated in the revenue estate of village Rakh Sikargarh, Tehsil & District Amritsar which has been acquired for the public purpose of "construction of building for establishment of Government Polytechnic Institute for Women...".
(2.) THE petitioners purchased the above mentioned land vide registered Sale Deed dated 04th January, 1990 statedly for the construction of a house though admittedly it was an agricultural land. The petitioners claim to have constructed three Bedrooms, One Drawing and Dining room, One Kitchen, One Toilet and One Study Room. It is further averred that the remaining plot was kept 'reserved' for the construction of a Clinic as petitioner No. 2 was pursuing the B.A.M.S. Course. The land is located on the main Amritsar -Majitha road and is surrounded by fully developed residential and commercial establishments within Municipal limits of Amritsar City. The petitioners impugn the acquisition of their land primarily on two counts. Firstly, it is averred that there was no occasion to invoke urgency clause under Section 17 and they should have been given an opportunity to submit objections under Section 5 - A of the Act. Secondly, the acquired land is surrounded by residential and commercial establishments and also it being a flood -prone area is unsuitable for setting up a Polytechnic Institute. A plea of discrimination alleging that the construction raised in Khasra No. 24, 24/4 and 24/7 has been left untouched on pick and choose basis, has also been raised.
(3.) THE State of Punjab and other official respondents have filed their written statement inter -alia maintaining that the land measuring 156 kanals 15 marlas of village Rakh Sikargarh falling within the Municipal Corporation limits including of petitioners No. 1 and 2 has been acquired as it was an agricultural vacant land. It is specifically averred that there was no construction raised by the petitioners at the time of issue of Section 4 notification. The locus - standi of petitioner No.3 has been questioned as she is neither co - sharer nor an independent owner of any part of the acquired land. It has been further averred that "there was no structure in Khasra No.19 -16 -17 -25 at the time of issuance of notification under Section 4 of the Land Acquisition Act. There is no construction except only boundary walls with mud pucca bricks on one side only". As regard to the invoking of power under Section 17, the respondents have averred as follows: - "10. That the contents of this para are wrong and hence denied. The urgency provision under Section 17 of the Land Acquisition Act have been invoked to meet with the time bound construction schedule of the building of an Educational Institution. The provisions of Section 5 -A have been rightly dispensed with. The purpose for which the land has been acquired is covered in Section 17 of the land Acquisition Act Amendment applicable in Punjab. 11. That as already stated urgency provisions are invoked to acquire the land for Government Polytechnic for Women, Amritsar to meet the time bound construction schedule of the building and the construction work is already in progress. It has come up to plinth level as so far its Hostel Block, Staff Quarters and Administrative block is concerned till the date of filing this written statement". ;