KARNAIL KAUR & ORS. Vs. STATE OF PUNJAB

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No. 8 of 2014

IN

CIVIL APPEAL NO.7424 OF 2013

KARNAIL KAUR & ORS. ………APPELLANTS

Vs.

STATE OF PUNJAB & ORS. ………RESPONDENTS

The appellants are original residents and have their houses along with their land in village-Sohana, Tehsil Mohali in District Roop Nagar (Punjab). The State of Punjab has framed a special Act known as ‘The Punjab Regional and Town Planning and Development Act, 1995’ (hereinafter referred to as ‘the Act of 1995’)to construct a residential urban estate with the main object to undertake urban development and housing programme. On 21.02.2000, the State of Punjab through Secretary, Punjab Housing and Development, the respondent No.1 herein, issued notification under Section 4 of the Land Acquisition Act, 1894 (for short ‘the L.A. Act’) for the purpose of setting up are sidential urban estate in the area of revenue estate of village Mauli Baidwan, SAS Nagar (Mohali). The said acquisition notification covered a total extent of 1264.84 acres of land in four villages –Mauli Baidwan, Sohana, Raipur Khurd and Lakhnausr in Roopnagar district of Punjab out of which the land of the appellants in the present batch of appeals constituted 102 acres of land in small pockets of the said 1264.84 acres. Objections were raised against the same by the appellants under Section 5A alleging that in the year 1996 the Punjab State Government had framed a scheme called “Farmers Friendly and Land Pooling Exchange Scheme”, and as per the contents of the said Scheme, for every acre of land transferred by the land owners to Punjab Urban Development Authority (PUDA), the landowners will be given back approximately 1000 square yards after development and the land owners were advised not to sell their land. Therefore, the appellants objected to the said notification under Section 4 of the L.A. Act, as the same was violative of the principles of promissory estoppel. The said objections were not decided by the Land Acquisition Officer. Thereafter, on 02.02.2001, the notification under Section 6 of the L.A. Act was published. The appellants filed writ petition No. 5512 of 2001 before the High Court of Punjab and Haryana at Chandigarh alleging inter alia that respondent no. 1has started acquiring the land without complying with the provisions and in utter violation of the Act of 1995 & therefore the acquisition proceedings are bad in law and liable to be quashed….read more