- (1.) The petitioners pray for quashing the order dated 28.9.2014, Annexure P.1 passed by respondent No.2 to the extent that the request of land owners for returning the land had been declined despite the fact that earlier the government gave the same relief vide order dated 10.6.1988 denotifying acquisition of land and handed over the same to the Deputy Commissioner, Patiala for its disposal. Further prayer has been made for a direction to the respondents to restore the land measuring 38 bighas 10 biswas situated at Bassi Pathana, District Patiala to the land owners which was acquired by the Government of Punjab and had been ordered to be taken back vide order dated 28.9.2014 as the same had not been utilized at all for the purpose for which it was acquired.
(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The Government of Punjab vide its order dated 10.6.1988, Annexure P.7 ordered de-acquisition of land measuring 38 bighas 10 biswas as the same was not used by the company M/s Vishawkarma Sewing Machine for the purpose for which it was acquired and it was ordered to be handed over to the Deputy Commissioner, Patiala for disposal under the provisions contained in paragraph Nos.493 and 495 of the Financial Commissioner's Standing Order No.28. This order was challenged by the aforesaid company by way of CWP No.12874 of 1989 which was disposed of vide order dated 2.12.2013 on the ground that the company was not heard and respondent No.2 was directed to pass a fresh order regarding de-acquisition of land after hearing the affected parties as they were not heard earlier when the order dated 10.6.1988 was passed. Respondent No.2 upheld the earlier order of de-acquisition vide impugned order dated 28.9.2014,Annexure P.1 and ordered that land could not be returned to the land owners with the following observations:- "It is not in dispute that the State Government had acquired the land in the year 1956 for setting up of Central Workshop for Sewing Machines at Bassi Pathana. Since till date, the major part of the land is still being utilized for agricultural purposes, and no Central Workshop for Sewing Machines has been set up in accordance with public purpose for which compulsory acquisition was made. Therefore, I am left with no choice but to order taking back of this land measuring 38 bighas 10 biswas from M/s Vishwakarma Sewing Machine Industries. The request of the land owners for returning the land is also not justified as the land owners accepted the compensation in 1956 and even possession was taken. The land was acquired under the Land Acquisition Act, 1894, which had become final. In view of the above conspectus, it is directed that the land measuring 38 bighas 10 biswas situated in Bassi Pathana, which is the subject matter of this litigation, be transferred to the Industries Department with immediate effect. Industries Department may thereafter transfer this land to any of the departments or State Public Undertakings in terms of the provisions of para 87 of the Financial Commissioner Revenue Standing Order No.28."
(3.) The petitioners are the heirs of some of the original land owners whose land measuring 38 bighas 10 biswas situated at Bassi Pathana, District Patiala was acquired by the Erstwhile State of Pepsu by issuing notification by the Raj Parmukh under Section 4 of the Land Acquisition Act, 1894 (in short, "the Act") which was published in the Government Gazette dated 25.2.1956, Annexure P.2 for a public purpose namely setting up of a Central Workshop for sewing machines at Bassi Pathana. According to the petitioners, no effort was made by the aforesaid company to achieve the purpose of acquisition. Some residents of Bassi Pathana namely Ram Lal etc. formed a Vishwakarma Sewing Machine Workshop society and the land was sought to be acquired for the said society for setting up a Central workshop for the sewing machines. The objections were raised that no Central workshop was going to be set up as neither the society which was formed had any resources nor they had brought any machines and had made any arrangement for setting up a sewing machine workshop which required funds and technical know-how. Notification under Section 6 of the Act was issued on 18.8.1956, Annexure P.3 and possession was taken over by the District Industries Officer, Patiala on 30.10.1956 and on the same date, the possession was handed over to the members of Vishwakarma Sewing Machine Industries. The Vishavkarma Industries instead of taking any steps to establish Central workshop for sewing machines for couple of years just left the land vacant and nothing was done towards the public purpose for which it was acquired. Various representations were given to the Deputy Commissioner, Patiala that since the land which was acquired for a public purpose had not been utilized for the said purpose for many years, the same should be restored to them after taking back the compensation and other charges that may be leviable. Various applications and reminders were also given to the authorities. Having received no response, the land owners approached this Court through CWP No.6414 of 1987 for issuance of a writ of mandamus directing the respondents to restore back the possession of the land to them. During the pendency of the writ petition, the State Government vide order dated 10.6.1988, Annexure P.7 ordered de-acquisition of land and directed for disposal of land as per paragraphs 493, 495 of the Financial Commissioner's Standing order No.28. In view thereof, the writ petition was rendered infructuous vide order dated 15.9.1988, Annexure P.8 and was dismissed as such. Thereafter, M/s Vishwakarma Sewing Machine Industries, Bassi Pathana filed CWP No.12874 of 1989 challenging the order of the Government dated 10.6.1988. Vide order dated 2.12.2013, Annexure P.9, this Court allowed the writ petition to the extent that the order dated 10.6.1988 is set aside with a direction to the respondents to pass fresh order after hearing all the stake holders in accordance with law. Thereafter, the concerned parties were heard and the order was passed on 28.9.2014, Annexure P.1 holding that the land measuring 38 bighas 10 biswas be transferred to Industries department with immediate effect and that the industries department may transfer this land to any of the departments or State Public undertakings in terms of the provisions of para 87 of the Financial Commissioner Revenue Standing Order No.28. The authorities ordered taking back of the above said land from M/s Vishwakarma Sewing Machine Industries and also held that request of the land owners for returning the land was not justified. According to the petitioners, the impugned order has been passed ignoring Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, "the 2013 Act") which provides that when any land acquired under the Act remains un-utilized for a period of five years from the date of taking possession, the same shall be returned to the original owners or their legal heirs as the case may be or to the appropriate government. Hence the instant petition by the petitioners.;