Mohan Singh Gill & Ors. Vs. State of Punjab & Ors. Etc.
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Head Note
The Land Acquisition Act, 1894 - Section 4 , Section 5-A , Section 6
Land Acquisition - Public Purpose - Plea that as per notification the width of road for Missing Link-II is 200 feet, however, the land acquired is 450 feet - Land beyond 200 feet on either side is sought to be utilised by constructing shops on both sides of the road - Notification only stated the land required for road for Missing Link-II only - Held - If the land was to be utilised for commercial purpose, there has to be a proper planning into it and it needs to be demonstrated that utilisation of the land serves some public purpose and do not find it to be so in the present case.
The Land Acquisition Act, 1894 - Section 4 , Section 5-A , Section 6
Land Acquisition - Suitability of Land - Public Purpose - Rehabilitation of oustees - Whose land acquitted for Construction of Missing Link road - Plea that there is vacant agricultural land nearby which is more suitable for the purpose for which appellants land is sought to be acquired - It is for the Government to look into these aspects -Liberty given to the appellants to make a suitable representation to the respondents in this behalf within a period of 30 days and the same shall be considered in accordance with law and decision thereupon shall be taken within 2 months from said representation -Liberty of making representation is going only to the appellants herein, which benefit shall not enure to those who have not approached the Court.
The Land Acquisition Act, 1894 - Section 4 , Section 6
Land Acquisition - Public Purpose - Challenge as to - Judicial review - There have been due deliberations by the competent authorities deciding upon the realignment of the road leading to proposed Missing Link-II - Held that do not find any arbitrariness in the exercise done at the highest level inasmuch as the Chief Minister himself approved the revised plans - It is not the function of the Court to compare the Missing Link-II with alternate route suggested by the appellants and to come to the conclusion which out of the two would be more appropriate.
The Land Acquisition Act, 1894 - Section 4 , Section 6
Punjab Regional and Town Planning and Development Act, 1995, Section 76 and 77 - Land Acquisition - Amendment in Master plan - Section 76(1) of Punjab Act clearly indicates that the Master Plan can be amended at any time after the date on which the Master Plan for an area comes into operation and not after 10 years from such date as argued by the learned counsel for the appellants - There is no violation of the provisions of the Punjab Act - Held that insofar as need of land for the construction of Missing Link-II is concerned, the same stands duly established and for acquisition of this chunk of land, there cannot be any exception.
Topic(s)-Land Acquisition - Suitability of Land - Public Purpose - Liberty granted to represent