9911796707
TMI Blog1993 (4) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... d in Khasra No. 2012 situated at Bhatinda was required for the construction of a public park by the Municipal Committee, Bhatinda. After considering the report submitted under Section 5-A of the Act, the State Government issued a declaration under Section 6 of the Act on July 5, 1977 in relation to the said land. Civil Writ Petition No. 2315 of 1977 filed by Smt. Parwati Devi, respondent No. 2(deceased), to challenge the validity of the said notification and declaration was dismissed by the Punjab and Haryana High Court by its judgment and order dated April 26, 1978 and special leave to appeal against the said decision was refused by this Court on May 4, 1979. It appears that during the pendency of the said writ petition in the High Court a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Additional Deputy Commissioner, Bhatinda by his order dated December 20, 1983 on the view that in a case where the possession of the land is not taken within one year of the issuance of the notification under Section 6 of the Act, the notification would be deemed to have lapsed. The appellant filed a writ petition in the High Court to challenge the said order of the, additional Deputy Commissioner, Bhatinda. It was dismissed by the High Court by its order dated May 8, 1985 on the view that the appellant had no locus standi to file the writ petition and further that the State Government was always competent to abandon the acquisition of land and in this case, it had been done for good reasons Feeling aggrieved by the said order, the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ges incurred in acquiring the land as specified below. 6. Similarly, in the declaration issued under Section 6, it is stated- Whereas the Governor of Punjab, after considering the report made under Section 5A of the Land Acquisition Act, 1894, is satisfied that the land described in the specifications below is needed for a public purpose for providing public park etc. at the expense of the Municipal Committee, Bhatinda under Section 55 of the Punjab Municipal Act, 1911 read with Section 50 of the Land Acquisition Act, 1894. 7. From the aforesaid recitals in the notification under Section 4 and the declaration under Section 6 of the Act, it is evident that the acquisition of the land in question was at the request of the appellant f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion for the construction of public park at Bhatinda by the appellant be deemed to have lapsed. The High Court was, therefore, not justified in holding that the appellant has no locus standi to file the writ petition seeking to challenge the said order of the Addl. Dy. Commissioner. 8. As regards the other ground given by the High Court for rejecting the writ petition, that the State Government was always competent to abandon the acquisition of land and in this case, it had been done for good reasons, it may be stated that there is nothing on the record to show that the State Government has issued a notification withdrawing from the acquisition and to abandon the acquisition under Section 48 of the Act. We are, therefore, unable to app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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