A.K. Sikri JUDGMENT
A.K. Sikri, J.
1. Leave granted.
2. These appeals arise out of the common judgment dated April 29, 2011 passed by High Court of Punjab and Haryana at Chandigarh whereby number of writ petitions which were filed challenging the acquisition of land measuring 192.75 acres vide two notifications, both dated 10.08.2009, issued Under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') were dismissed. As a consequence, validity of the notifications has been upheld, holding that acquisition for public purpose for development of Missing Link-II from Dhandra Road to Sidhwan Canal via Malerkotla Road, Ludhiana as well as for development of residential urban estate along proposed road from Dhandra Road to Sidhwan Canal via Malerkotla Road, Ludhiana, is just and proper.
3. It is clear from the above that two notifications were issued on the same day i.e. on 10.08.2009. Vide first notification, land was acquired for development of Missing Link-II on the route mentioned above. By the second notification, land was sought to be acquired for the development of residential urban estate along with the proposed road, mainly to adjust oustees of the above said road. Land acquired by the first notification was 192.75 acres whereas by the second notification, land measuring 59 acres 1 kanal 12 marlas was acquired. After the aforesaid notifications Under Section 4 of the Act, two notifications both dated 10.08.2009 Under Section 6 of the Act were issued and consequent thereupon, Award No. 4 dated 07.08.2010 pertaining to the first notification and Award No. 3 dated 07.08.2010 pertaining to the second notification were passed. Validity of all these notifications was the subject matter of the writ petitions.
4. In order to appreciate the present dispute in its correct perspective, it is necessary to consider some important background facts pertaining to construction of what has been termed as 'Missing Link-I'-which is inextricably linked to the present acquisition. It is a matter of record that a bypass is being constructed to connect Ferozepur Road to Sidhwan Canal aiming at decongesting Ludhiana City of the traffic problems. Major portion of the road had already been constructed, which were shown in the site plan filed in the High Court as Annexure R/1/7. From point A to point D and again from point E to point F, these portions had already been constructed. However, there were two Missing Links namely between point D to point E and point F to point G. Missing Link from point D to E has been shown as 'Missing Link-I'. The Respondent-State had issued the notification dated 12.05.2003 Under Section 4 read with Section 17(4), followed by the notification dated 13.05.2003 Under Section 6, to acquire land measuring 11 acres 3 kanal 9 marlas for construction of Missing Link-I. Pursuant thereto, the land was acquired vide Award No. 1 dated 24.08.2005. This acquisition was challenged but the said chall........