HC upholds state’s decision not to invite objections to land acquisition
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23/04/2014
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Tribune (New Delhi)
In a unique judgment, the Punjab and Haryana High Court has upheld a Punjab Government’s move to dispense with the right to submit objections to acquire land in the 1990s for setting up World-Bank-assisted Government Polytechnic for Women in Amritsar. The High Court referred to the days of turmoil when “there was a spade of human right violations” and “hundreds of prima facie fake encounters”.
A notification under Section 4 of the Land Acquisition Act was issued on March 26, 1992. An urgency clause, under Section 17, was also invoked and opportunity to submit objections under Section 5-A was dispensed with for the land on the Amritsar-Majitha road. Challenging the process, Daljit Singh and other petitioners contended, among other things, that there was no need to invoke the urgency clause.
Justice Surya Kant and Justice Amol Rattan Singh asserted: “The State of Punjab remained in turmoil for over a decade in the 1980s when hundreds and hundreds of innocent people were killed; there was a spade of human right violations; there were hundreds of prima facie fake encounters and ambushes; all democratic institutions stood destroyed; there was a near to collapse of the civic administration and common man’s life was completely paralysed. The youth of the state was the worst affected as victim and victimiser both. “The year 1990 was the beginning of the decade of hope when efforts to restore peace and harmony started showing visible signs, albeit here and there. There was a dire need to reach out to people, in general, and youth, in particular, to bring them in the mainstream by involving them in multifarious positive activities and restoring their faith in the civilised system thereby restoring the rule of law and a democratic forum of governance.
“Amritsar and other border areas were the worst affected. The state’s priority to bring the youth of these areas on the right path and involve them in creative activities deserves applaud. It was in that scenario that the state government vide memo dated April 12, 1991, decided to set up a Government Polytechnic for Women in Amritsar under the World Bank project.”
The bench added: “The setting up of an exclusive institution for women is otherwise in consonance with our Constitutional commitment of women’s empowerment…. Since the land was acquired for a laudable public project; to honour the commitment before the World Bank and is a salutary step towards a Constitutional goal, we are of the considered view that in the peculiar facts and circumstances of this case, the denial of audi-alteram-partem, namely, the right to submit objections under Section 5-A to the petitioners, particularly when none of the other landowners made such a hue and cry, was fully justified.”
Dismissing the petition, the bench directed the respondents to release a 500-square-yard plot to the petitioners. The Punjab Government had decided to dispense with the right to submit objections to acquire land in the 1990s for setting up World-Bank-assisted Government Polytechnic for Women in Amritsar.
Dismissing the petition, the High Court referred to the days of turmoil in the state when ‘there was a spade of human right violations’ and ‘hundreds of prima facie fake encounters’
High Court verdict
1990 was the beginning of the decade of hope when efforts to restore peace and harmony started showing visible signs, albeit here and there. There was a dire need to reach out to people, in general, and youth, in particular, to bring them in the mainstream by involving them in multifarious positive activities
Amritsar and other border areas were the worst affected. The state’s priority to bring the youth of these areas on the right path and involve them in creative activities deserves applaud. It was in that scenario that the state government decided to set up Government Polytechnic for Women in Amritsar