SURYA KANT,J. - (1.) THIS Civil Writ Petition seeks quashing of the notifications dated 25.2.2004 and 16.2.2005 [Annexures P1 and P9] issued under Sections 4 and 6 of the Land Acquisition Act, 1894 [for short 'the Act'] whereby land measuring 26 kanals 3 marlas including that of the petitioner to the extent of his 1/6th share situated in village Dogri within the municipal limits of Jalandhar City is sought to be acquired for the construction of 132 KV Sub Station in village Kahanpur [Village Dogri] by the Punjab State Electricity Board.
(2.) EARLIER also, the aforementioned land was acquired by the respondents for the same 'public purpose' vide notifications dated 6.4.2000 and 15.6.2001 issued under Sections 4 and 6 of the Act respectively. The said acquisition proceedings came to be challenged by the petitioner along with his brother by way of CWP No. 12194 of 2001 which was allowed by a Division Bench of this Court vide judgment dated 11.9.2003 [Annexure P-2]. Suffice it to say that after taking judicial notice of the deliberate "actions and omissions" on the part of the public officers which frustrated the acquisition process meant for an important public purpose, this Court arrived at the conclusion that the award was not passed within the stipulated period of two years as provided under Section 11-A of the Act. The Bench further held as under :- "In the result, the writ petition is allowed. Notifications dated 6.4.2000 and 15.6.2000 are declared illegal and quashed. However, keeping in view the fact that the land of the petitioners was being acquired for a large public good, we deem it proper to observe that the State Government shall be absolutely free to re-initiate the proceedings for acquisition of the land. We also direct the State Government to initiate disciplinary action against the Land Acquisition Collector who was responsible for not pronouncing the award within the prescribed time limit and submit a report to this Court within six months after completing the disciplinary proceedings. It will also be appreciated if the State Government issues written instructions to all the Land Acquisition Collectors that they must pronounce the award within the time limit prescribed under the Act and their failure to do so would necessarily result in initiation of departmental enquiry for major penalty". It was thereafter that fresh acquisition process was initiated by issuing the notification dated 25.2.2004 under Section 4 of the Act [Annexure P-1]. The petitioner submitted his objections under Section 5-A of the Act, inter-alia, pointing out that [i] the alleged public purpose for which the land is sought to be acquired has already been successfully achieved by installing 132 KV Sub Station at village Alawalpuri; [ii] the Senior Engineers of the Board are of the view that the subject land is no longer required for establishing a power Sub Station; [iii] the acquired land is an Orchard where plants of Mango, Orange, Lemon of grown-up age are standing and no useful purpose will be served by acquiring such land; [iv] all Sub Stations have been established on a piece of land measuring not more than one or one and half acres, therefore, the entire land of the petitioner is not required for the alleged public purpose. The objections having not found favour with the State Government and on the issuance of the resultant notification under Section 6 of the Act, that the petitioner has again approached this Court.
(3.) RESPONDENTS No. 2 and 3, i.e., Punjab State Electricity Board and its authorities have filed their counter-affidavit. Thereafter, an additional affidavit dated 27.11.2008 has also been filed by the Land Acquisition Collector, PSEB, Patiala. The reconstructed records [original is reported to have been lost] of the office of the Land Acquisition Collector as well as of the State Government have also been produced and perused.;