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TMI Blog1969 (12) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... . He also applied for constructing a structure and mat was sanctioned by the local Municipal Committee on August 9, 1963. 3. A notification had been issued by the State Government of Punjab under Section 4 of the Land Acquisition Act on June 26, 1959 declaring that land specified in the Schedule to the notification was needed for a public purpose i. e., for construction of Mall Road leading from the Railway Station Bhatinda to the Main Road known as Goniana--Bhatinda Road. In the schedule to the notification the land was described as Khasra No. 2030 and 11 sets of persons were shown as owners of different pieces of Sand. The aggregate area of the land likely to be needed was shown as 15 bighas and 5 biswas, and Hari Ram was shown as owner of two pieces out of the land. By an amendment of the notification published On July 81, 1959, the holding of Hari Ram was shown in the aggregate as 8 bighas and 15 biswas. A notification under Section 6 of the Land Acquisition Act declaring that the lands were needed for a public purpose was issued on January 6, 1960 and published on January 15, 1960. The Schedule to the notification was in the same form as it was originally published in the not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red; and that the notification issued by the Government under Section 6 and the plan accompanying thereto did not tally with the alignment of the road as originally intended to be laid or subsequently modified by the Municipal Committee. 6. The High Court of Punjab dismissed the petition in limine. The High Court observed: The grievance of the petitioner's complaint is that the area now sought to be taken possession of was not included in the acquisition notification of 1959. In the elaborate order of the Collector the condition is, "I am satisfied that the true area of land demarcated corresponds to the area notified and that ft has been demarcated on the ground with as much accuracy as was reasonably possible." This Court cannot determine disputed question of fact and this petition is dismissed accordingly With certificate granted by the High Court the petitioners have appealed to this Court. 7. The notification under Section 4 is the foundation of a proceeding for acquisition of land. In the present case the notification under Section 4 did not set out with precision the parts of Khasra No. 2030 belonging to different owners sought to be acquired. The notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 5-A may be dispensed with only if a notification is issued under Section 17(4) of the Land Acquisition Act. 10. In the present case no order under Section 17(4) was issued by the Government of Punjab. The owners of the lands were, therefore, entitled to be heard on the question whether their lands or any land in the locality should be acquired for the purpose for which it was intended to be acquired. The appellants contended that they had no opportunity of making their representations, for the notification gave no notice to them that the land in their occupation was intended to be acquired. 11. In summarily rejecting the petition two grounds were given in the order of the High Court-first that the Collector was satisfied that the true area of the land demarcated corresponded to the area notified and that it had been demarcated on the ground with as much accuracy as was reasonably possible, and the second, that the question raised was one of fact. The writ petition filed before the High Court was not in the nature of an appeal against the decision of the Collector. The Collector was acting for and on behalf of the State Government to make an offer of compensation for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be determined. In a petition under Article 226 the High Court has jurisdiction to try issues both of fact ana law. Exercise of the jurisdiction is, it is true, discretionary, but the discretion must be exercised on sound judicial principles. When the petition raises questions of fact of a complex nature, which may for their determination require oral evidence to be taken, and on that account the High Court is of the view that the dispute may not appropriately be tried in a writ petition, the High Court may decline to try a petition. Rejection or a petition in limine will normally be justified, where the High Court is of the view that the petition is frivolous or because of the nature of the claim made, dispute sought to be agitated, or that the petition against the party against whom relief is claimed is not maintainable or that the dispute raised thereby is such that it would be inappropriate to try it in the writ jurisdiction, or for analogous reasons. 15. From the averments made in the petition filed by the appellants it is clear that in proof of a large number of allegations the appellants relied upon documentary evidence and the only matter in respect of which conflict of fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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