SC cancels PUDA acquisition of 102 acres in SAS Nagar | chandigarh | Hindustan Times
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SC cancels PUDA acquisition of 102 acres in SAS Nagar

chandigarh Updated: Jan 23, 2015 09:56 IST
HT Correspondent
HT Correspondent
Hindustan Times
Chandigarh

The Supreme Court on Thursday quashed the acquisition of 102 acres by the Punjab Urban Planning and Development Authority (PUDA) in Sectors 76-80 of SAS Nagar in 2001.

The decision came from the bench of justices V Gopala Gowda and C Nagappan on a petition by residents of Sohana village of the district.

The farmers had argued that the Land Acquisition (LA) Act, 1894, had been replaced by the Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013, which had come into force in January 2014.

They said Section 24 (2) of the 2013 Act provided that in cases where an award under Section 11 of the LA Act had been made five years or more prior to the commencement of the 2013 Act, but the physical possession of the land had not been taken or the compensation not paid, the said proceedings would lapse.

The apex court recorded that in the present case, the proceedings under the LA Act had lapsed as the case of the farmers satisfied both conditions as referred to in Section 24 (2) of the 2013 Act.

The Punjab government had framed a special Act, known as the Punjab Regional and Town Planning and Development Act, 1995, to construct a residential urban estate with the main objective of undertaking urban development and housing programme in the area.

On February 21, 2000, the Punjab government had issued a notification under Section 4 of the Land Acquisition Act, 1894, for setting up a residential urban estate in the area of revenue estate of Mauli Baidwan village in SAS Nagar.

The notification covered 1,265 acres of land in four villages – Mauli Baidwan, Sohana, Raipur Khurd and Lakhnaur in SAS Nagar district – of which the land of the these farmers constituted 102 acres of land in small pockets of the total 1,265 acres.

On February 2, 2001, the notification under Section 6 of the Land Acquisition Act was published.

The petitioners approached the high court in 2001 challenging the acquisition, where their petition was dismissed in 2011, after which the farmers approached the Supreme Court.

The award for the said land was announced in August 2007.


Acquisition notification covers

The notification covered 1,265 acres of land in four villages – Mauli Baidwan, Sohana, Raipur Khurd and Lakhnaur in SAS Nagar district – of which the land of the these farmers constituted 102 acres of land in small pockets of the total 1,265 acres. On February 2, 2001, the notification under Section 6 of the Land Acquisition Act was published.