- (1.) This judgment and order of ours would dispose of L.P. A. Nos. 248, 250, 251 and 252 of 1977, filed under clause 10 of the Letters Patent by the State of Punjab and others against the judgment and order of a learned Single Judge of this Court dated May 5, 1977, as common question of law arises in all these appeals.
(2.) Four petitions had been filed under Articles 226 and 227 of the Constitution of India calling in question the legality of the notifications issued under Sections 4 and 6 of the Land Acquisition Act dated February 26, 1976 and February 27, 1976, respectively. The learned Single Judge quashed the notifications vide his order dated May 5, 1977.
(3.) The only contention raised before us by Mr. M.P. Singh Gill, Deputy Advocate-General, was that the learned Single Judge did not take into consideration the explanation added to sub-section (1) of Section 17 of the Act by the amendment introduced by the State, which read as under :- "This sub-section shall apply to any waste or arable land, notwithstanding the existence therein of scattered trees or temporary structures, such as huts, pandals or sheds." What was sought to be argued by Mr. Gill was that the provisions of Section 17 were rightly invoked and that only temporary structures, such as huts or sheds existed on the land in dispute.;