2007 (7) TMI 690 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of land acquisition without a "building scheme" under Section 192 of the Punjab Municipal Act, 1911.
2. Proper publication of Notification under Section 4 of the Land Acquisition Act, 1894.
3. Opportunity to file objections under Section 5A of the Land Acquisition Act.
4. Alleged discrimination in land acquisition.

Detailed Analysis:

1. Legality of Land Acquisition Without a "Building Scheme" Under Section 192 of the Punjab Municipal Act, 1911:
The appellants contended that land acquisition for Scheme Nos. 2 and 3 was invalid as no "building scheme" under Section 192 of the Punjab Municipal Act, 1911 was framed. They argued that without such a scheme, the acquisition could not be for a public purpose. The respondents countered that the scheme was a development plan to provide facilities like residential and commercial accommodations and hospitals, covered under Section 52(2)(c) of the Act of 1911. The High Court upheld the respondents' view, stating that the acquisition was for a development plan and not a "building scheme" under Section 192. The Supreme Court affirmed this, noting that the acquisition was for purposes within the contemplation of Section 52(2)(c) of the Act of 1911 and did not require the procedure under Section 192.

2. Proper Publication of Notification Under Section 4 of the Land Acquisition Act, 1894:
The appellants challenged the publication of the Notification under Section 4, arguing that the substance was not published in the locality as required. The respondents claimed that the Notification was publicized by beat of drums on June 3 and June 4, 1989. The High Court found that the publication was valid, based on the notings in the file and the affidavit of the Land Acquisition Officer, despite the original records being missing. The Supreme Court agreed, emphasizing that the relevant factor was the due publicity given in the locality, not the status of the person performing the beat of drums.

3. Opportunity to File Objections Under Section 5A of the Land Acquisition Act:
The appellants argued that they were not given an opportunity to file objections under Section 5A or represent their cases. The High Court, after examining the evidence, found that notices were given, objections were filed and heard, and awards were declared in many cases. The Supreme Court, after reviewing the evidence, concurred with the High Court's findings, stating that the appellants' grounds were untenable and no interference was warranted.

4. Alleged Discrimination in Land Acquisition:
One appellant claimed discrimination, stating that lands with buildings were not acquired, and similar shops were left out of acquisition. The High Court found that the lands not acquired had permanent structures sanctioned by the concerned authority before the Notifications. The Supreme Court upheld this finding, noting that the appellant did not prove that his structure was similarly sanctioned. The Court also dismissed the argument regarding the release of lands under Section 48 of the Act, finding no merit in the claim of discrimination.

Conclusion:
The Supreme Court dismissed the appeals, affirming the High Court's findings that the land acquisition was valid, the publication of the Notification was proper, the appellants were given opportunities to file objections, and there was no discrimination in the acquisition process. The Court found no merit in the appellants' claims and upheld the legality of the acquisition under the relevant statutory provisions.