S.S. Sandhawalia, J. - (1.) IN this set of three writ petitions Nos. 77, 299 and 786 of 1975, a common question of law regarding the power of the State Government to acquire land for the allotment of house sites to landless workers in rural areas has been raised. It has also been contended on behalf of the Petitioners that this object does not fall within the ambit of a public purpose for which alone acquisition can be made. Patently these two and other issues raised herein are of large significance, which are worthy of an authoritative decision. A number of writ petitions on this very point have been admitted and are pending in this Court. It is, therefore, apt that these cases should be pronounced upon by a Division Bench. The papers be placed before my Lord the Chief Justice for appropriate orders. JUDGMENT OF THE DIVISION BENCH S.S. Sandhawalia, J. (8th August, 1975)
(2.) WHETHER the acquisition of land by the State for the specific purpose of the allotment of house sites to the landless workers in the rural area in within the ambit of a "public purpose" under Section 4 of the Land Acquisition Act is the significant issue which calls for determination in this set of writ petitions. The acquisition proceedings commenced by the State of Punjab all over the State in its rural areas with the object of housing landless workers therein has been the subject -matter of challenge in innumerable writ petitions filed in this Court. Three representative writ petitions Nos. 77, 299 and 786 of 1975 came up before me sitting singly and in view of the important Issues involved therein these were referred to a larger Bench on March 21, 1975. The primary questions arising in these three writ petitions being common, this judgment would govern all of them.
(3.) IT suffices to advert to the facts in Civil Writ No. 77 of 1975 (Swaran Singh v. State of Punjab). The Petitioners herein aver that they are small landowners in village Moela, Tehsil Garhshankar. District Hoshiarpur, and jointly own and cultivate 122 Kanals of land in the said estate. Respondent No. 3, Gurdial Singh, is alleged to own 99 Kanals in the adjoining village estate of Wahidpur, the whole of which is stated to be under cultivation through his tenants. The State Punjab is averred to have approved a scheme for providing house sites to landless workers in the rural areas and the salient features of the scheme are that after the purchase of the land by the State, the same will be carved out into house sites which would be allotted to landless workers free of cost (the expenses to be borne by the Central Government). The construction of houses on these sites would be made by the landless workers themselves. Apart from enacting legislation to confer homestead rights on landless workers in respect of the sites, upon which their houses already exist, the State would utilise the land owned by it or the Gram Panchayats for carving out the house sites and in case these sources are insufficient then further land may be acquired for the purpose of the scheme.;