- (1.) The petitioners have challenged notification No. 11/64/81-5H(v)/5425, dated February, 22, 1991 issued Under Section 4 of Land Acquisition Act, 1894 (for short, the Act) and the declaration Under Section 6 of the Act made vide notification No. 11/64/91-5H (V)5432, dated February 22, 1991, in this petition under Articles 226/227 of the Constitution of India.
(2.) Land measuring 2968.26000 acres situate at villages Karoli, Pangoli, Bungal, Tika, Nagrota, Kether, Kaheri, Gagroli, Seunti, Terhari Tika, Nagrota and Terhari Tika Phangtoli, Tehsil Pathankot, District Gurdaspur was acquired by the Union of India for a public purpose, viz., defence of India. The notification further provided that "the President of India, in exercise of the powers conferred under the Act, is pleased to direct that action under Sub-section (1) of Section 17 of the Act shall be taken on the ground that the land described in the notification is urgently needed for the purpose of defence of India at villages Karoli, Pangoli, Bungal, Ngrota, Kether, Kaheri, Gangrol, Seunti Terhari, Tika Nagrota and Terhari Tika Phangtoli, Tehsil Pathankot, District Gurdaspur and that the provisions of Section 5-A of the Act shall not apply in regard to this acquisition." On the same date, declaration Under Section 6 of the Act was made vide Notification No. 11/64/91-5H (V)/5432. The notification Under Section 4 (1) of the Act was published in the Punjab Govt. Official Gazette on March 6,1991 and the substance thereof was published in the daily Tribune dated March 19, 1991, daily Jagbani dated March 19, 1991. The proclamation in the villages concerned was made on March 19,1991 vide Rapat Roznamcha No. 270 of even date. The declaration Under Section 6 of the Act was published in the Punjab Govt. Gazette dated March 6, 1991 and substance thereof was also published in the daily Indian Express dated March 19, 1991, daily Punjabi Tribune dated March 22, 1991 and proclamation to that effect in the village(s) concerned was made on March 20, 1991. Notices Under Section 9 (1) of the Act were served upon the petitioners and other landowners. 80% of the estimated cost of the land under reference was deposited with the Special Land Acquisition Collector, Amritsar. A sizeable amount of this estimated cost of compensation was disbursed to eligible ex-land-owners of villages Nagrota, Trehali Tika Nagrota, Kiari, Gagroli, Kuther, Bungal, Trehali-Tika -Phangtoly and Pangoli.
(3.) The acquisition of land has been challenged by the petitioners principally on twin grounds:- (i) Power under Sub-section (1) of Section 17 of the Act dispensing with the provisions of Section 5-A ibid has wrongly been exercised; and (ii) Compulsory acquisition of land situated in villages Mamoon, Chhatwal, Jandwal, Bungal and other villages was made in mid sixties, but the abadi land was excluded from the acquisition, in the acquisition under challenge, abadi land of all other villages except that of village Karoli has been left out of acquisition. Acquisition of abadi land will result in uprooting of hundreds of people.;