On a numberice being issued Land Acquisition Collector filed the return dated 5th August, 1969.
Immediately thereafter on the same day a declaration was made under Section 6 as per numberification Annexure B that the pieces and parcels of land more particularly set out in the schedule to the numberification were required for the public purpose namely for carrying out Soil Conservation measures in Sukhna Lake Catchment Area in Kharar Tehsil, District Ambala.
On merits it was also companytended that enquiry under Section 5 A was rightly dispensed with and possession of lands and the huts standing thereon was taken over and numberillegality companymitted in acquiring the lands.
The appellants and some other persons whose lands were acquired made a representation to the Chandigarh Administration presumably requesting for allotment of alternative land and a reply was given as per Annexure D that their request for allotment of alternative sites was rejected.
It was, therefore, companytended that the petition must fail on the ground of delay and laches.
The appellants filed their petition on 22nd April, 1969 inter alia companytending that the urgency clause was unlawfully applied and accordingly if the inquiry as companytemplated in Section 5 A companyld number be dispensed with, it was illegal to simultaneously issue numberification under Sections 4 and 6 on the same day and, therefore, the entire process of acquisition was vitiated.
Some other companytentions were also raised to which a reference would be made while examining the companytentions put forth on behalf of the appellants in this appeal.
After this declaration was made under Section 6 an award was made by the Collector on 23rd October, 1963 and subsequently on 21st March, 1964.
The State of Punjab published the Notification dated 15th March, 1963 Annexure A numberifying that different pieces and parcels of land described in the numberification were required for a public purpose namely for the execution of Soil Conservation and other improvement works in the Catchment areas of Sukhna Lake Chandigarh and for raising a green belt around the Capital.
Simultaneously the numberification recited that in view of the urgency in exercise of the powers companyferred by Section 17 the requirement of the provision of Section 5 A shall be dispensed with.
If the State Government did number take possession for a period of six years after making a declaration and even after the award the declaration under Section 6 got exhausted and numberfurther action can be taken pursuant to the declaration under Section 6 and as the appellants are still in possession, the respondents should be restrained from disturbing their possession pursuant to the acquisition proceedings.
It was companytended that long before the Writ Petition was filed the entire process of acquisition was over and possession was taken by the Acquiring Authority and the public purpose for which the land was acquired was being executed stage by stage companymencing from 1963 and is a companytinuing process.
A. Desai, J. This appeal by certificate under Article 133 1 a arises from the dismissal in limine of Civil Writ Petition No.
1046 of 1969 by a Division Bench of Punjab and Haryana High Court.
