M.M.KUMAR,J - (1.) THIS order shall dispose of CWP Nos. 6023 of 2008(for short first petition) and 8308 of 2008(for short second petition). This petition has been filed by the land owners seeking directions to Union of Indian, State of Punjab and their officers to release the balance compensation on account of acquisition of their land. The second petition has been filed by the Union of India through the Ministry of Defence for quashing the award dated 30.1.2008 passed by the Special Land Acquisition Collector, Jalandhar,(for short 'Collector') claiming the same to be in violative of proviso to Section 11 of the Land Acquisition Act 1894 (for brevity of Act).
(2.) BRIEF facts of the case, which have led to the filing of these petitions are that on 10.07.2002, the Ministry of Defence agreed to grant sanction to acquisition of land in Village Korianwali and Village Panchanwali, Tehsil Fezilka, District Ferozepur. The Ministry of defence sent the approval by various letters written on 15.01.2001, 23.8.2001 and 26.3.2002 requiring the respondents, State of Punjab to acquire the land by invoking urgency provision under Section 17 of the Act. In that regard Collector was asked to take immediate step of publishing a Notification under Section 4 and also for making declaration under Section 6 read with Section 17 of the Act as the land was required urgently and to hand over its possession to the Ministry of Defence. In pursuance to the aforementioned communication of the Ministry of Defence, the Collector issued Notification under Section 4 read with Section 17 of the Act on 10.07.2002 which was published in the Punjab Government Gazette and declaration was issued on 17.09.2002 under Section 6 read with Section 17 of the Act (Annexure P-'2' and P - '3'). The Notification further, specified the urgency in acquisition by making reference to Section 17 (2). As per the provisions of Section 17(3 A)(a), estimated compensation to the extent of 80% Land Acquisition Act is required to be paid to the land owners before taking over possession. Accordingly, an amount of Rs. 3,91,04000/- was put at the disposal of the Special Land Acquisition Collector on 10.01.2003. He was to disburse the compensation to the land owners and take over the possession of the land. The Collector after completing the revenue record and other formal acts then issued notice under Section 9(1) of the Act to all interested persons on 7.7.2004. The notice under Section 9(1) categorically mentioned that the land had been acquired by invoking urgency provision as per Section 17(2), 80 % of estimated compensation was to be disbursed and possession was to be handed over to the Department of Defence. The hearing for that purpose was fixed for 27.7.2004. Accordingly, 80% estimated acquisition cost was disbursed on the spot and the possession of the land was handed over to the Defence Department.
(3.) THEREAFTER , the Collector was to announce the award. A draft award was prepared by the Special Land Acquisition Collector on 16.8.2004 and it was sent for approval to the Deputy Commissioner with a further request of forwarding the draft award to the Department of Home Affairs and Justice, Government of Punjab, so that the same be announced on 15.9.2004 to avoid any legal complication. A copy of the award was also forwarded to the Principal, Director Defence Estates Western Command for information and necessary action. A request was also made to the Ministry of Defence to obtain approval to the draft award from the competent authority and demand was raised to deposit balance amount of Rs. 4,37,615,00/- before 15.09.2004 because the award was to be announced by that date (Annexure P-'4' and P-'5'). It is pertinent to mention that the Collector had fixed a flat rate being the market value of the land at Rs. 2,75,000/- lacs per acre.;