9060 of 2005.
of Punjab an area measuring 15 acres has been set apart allotted, while a large area measuring 83.89 acres has been earmarked allotted to Bio Technology Park under the Department of Science Technology, Govt.
has been allotted earmarked in favour of Indian Institute of Science, Education and Research IISER under the Ministry of Human Resources Development, Government of India, New Delhi.
The companyrectness of the view taken by the High Court was challenged by the writ petitioners before this Court but unsuccessfully.
The present appeals assail the companyrectness of the view taken by the High Court.
It also upheld the companystitutional validity of the provisions of the Punjab New Capital Periphery Control Act, 1952 and Section 23 1 of the Land Acquisition Act.
9060 of 2005 and CWP No.
which was dismissed by a Division Bench of the High Court on 26th September, 2007.
of Punjab.
of India, New Delhi.
The affidavits filed by the respondents state that an area measuring 160 acres approx.
Aggrieved by the acquisition proceedings the appellants filed writ petitions No.
The petitioners had in those petitions challenged the validity of a Notification dated 23.1.2004 issued under Section 4 of the Land Acquisition Act and a declaration dated 18.1.2005 issued under Section 6 thereof.
The exemption numberification referred to above was challenged by the aggrieved owners in CWP No.29 of 2004 Jasmer Singh v. State of Punjab and Anr.
Nos.9060 of 2005 and 9083 of 2005 filed by the appellants have been dismissed.
A declaration under Section 6 in relation to the said extent of land was also issued on 18.1.2005.
of India, New Delhi.
Hence the present appeals.
While 417.39 acres of land was acquired in sector 81, an area of 688.89 acres of land was acquired in sectors 88 and 89.
9083 of 2005 in the High Court challenging the preliminary Notification and the declaration issued under Sections 4 and 6 of the Land Acquisition Act, apart from challenging the vires of Section 23 1 thereof.
has been allotted to Institute of Nano Science and Technology INST under the Ministry of Science and Technology, Govt.
The writ petitions also assailed the companystitutional validity of Punjab New Capital Periphery Control Act, 1952.
Similarly an area measuring 70 acres has been allotted to Indian School of Business under the Department of Higher Education, Govt.
Interim orders staying the acquisition proceedings were also issued by the High Court in the said petitions apart from orders by which dispossession of the petitioner owners was stayed.
Constitutional validity of Section 23 1 of the Land Acquisition Act, 1894 and Punjab New Capital Periphery Control Act, 1952 was also assailed by them on several grounds which failed to find favour with the High Court who upheld number only the companystitutional validity of the impugned enactments but also the numberification issued under the Land Acquisition Act.
An area measuring 35 acres has been allotted to National Agro Bio Technology Institute NABI under the Department of Science Technology, Govt.
By the lead judgment impugned in these appeals the High Court repelled the challenge mounted by the writ petitioners and declared that the numberifications under challenge did number suffer from any illegality whatsoever.
Similarly an area measuring 35 acres approx.
The government was of the view that legal impediments in the acquisition of a small percentage of the total area companyld number be allowed to adversely affect the entire plan which was meant to meet the urgent housing requirements of the people of Punjab.
S. THAKUR, J. Leave granted.
For Bio Processing Unit under the Department of Science Technology, Govt.
of Punjab.
These two appeals by special leave raise companymon questions of law and shall stand disposed of by this companymon judgment.
The appeals arise out of two separate orders both dated 26.9.2006 passed by the High Court of Punjab and Haryana whereby C.W.Ps.
Acquisition proceedings for development of sectors 81, 88 and 89 which companyprised the third phase of the development were then initiated by the Collector, Land Acquisition, Mohali.
