G.S.SINGHVI, J. - (1.) THESE three petitions are directed against the notifications dated 7. 5. 1991 and 18. 3. 1992 issued by the Government of Punjab under the Land Acquisition Act, 1894 (for short 'the Act' ). Identical issues of facts and questions of law arise for determination in all the petitions. For these reasons, we are deciding these petitions by a common order.
(2.) THE Government of Punjab, Department of Industries, issued notification No. 3/119/89-3 IB/3518 dated 7. 5. 1991 under Section 4 of the Act for acquisition of the land for a public purpose, namely, setting up of industrial focal point at Ludhiana in villages Dhandari Kalan, Mundian Kalan, Mundian Khurd, Mangli Nichi and Dholapur. This was followed by another notification No. 3/119/89-3/ibi/2386 dated 18. 3. 1992 under Section 6 of the Act. By these two notifications, land measuring 796. 5 acres situated in the five villages mentioned therein, including land belonging to the petitioners has been acquired. Land Acquisition Officer (Industry Department), Punjab, gave an Award dated 15. 3. 1994. In so far as Pawandeep Sandu and Baljit Singh petitioners are concerned, they have received a part of compensation payable to them under the Award. Now they have questioned the acquisition' of land on the ground that the Government has acquired the land for big companies in the garb of 'public purpose'. Plea of the petitioners is that acquisition of land for the companies can be made only by following the procedure prescribed in Chapter VII of the Act and that acquisition of land for companies cannot be treated as an acquisition for public purpose in terms of section 3 (f) of the Act. Further, plea of the petitioners is that land has been acquired with the avowed object of the setting up of a industrial focal point, but allotment of big chunks of land to the companies is sufficient proof of the fact that the impugned acquisition has been made in the colourable exercise of powers. Yet another focal point is set up by the Government in order to help small entrepreneurs by giving them small plots/sheds and by making other infrastructure available for setting up of small scale industries but that allotment made in favour of big companies totally frustrates the public purpose for which the land is acquired. The petitioners have also asserted that the Land Acquisition Officer has given Award for 774 acres of land only leaving out 22 acres of land and since no award has been given for 22 acres of land within a period of two years from the date of issue of notification under Section 6 of the Act the entire acquisition proceedings will be deemed to have lapsed in terms of section 11 (A) of the Act.
(3.) RESPONDENT Nos. 1 to 4 have in their written statement pleaded that the Government of Punjab has decided to set up industrial focal point at Ludhiana as proposed by the Punjab Small Industries and Export Corporation. The purpose for which the land has been acquired, namely, setting up of industrial focal point has remained unchanged. In all 430 acres of land has been earmarked for, small scale industries and a part of the remaining land has been given to large scale industries. A committee under the Chairmanship of the Chief Secretary to the Government of Punjab has been set up. This committee held its meeting on 9. 3. 1994 and it decided to allot land to the big industries on the condition of payment of price in lump sum. These allottees have been called upon to pay development charges and departmental charges separately. Small pieces of land belonging to the petitioners form part of the total land acquired by the Government and almost all of the petitioners have accepted the compensation awarded by the Land Acquisition Officer. They have also filed application under Section 18 of the Act for reference. Respondent Nos. 1 to 4 have justified the acquisition on the ground that the Government has paid compensation to the landholders and setting up of an industrial focal point is in the larger public interest of the state in general and the local population in particular.;