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| PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2024 (PAUSA 22, 1945 SAKA) | ||
EXTRAORDINARY
Published by Authority
CHANDIGARH, FRIDAY, JANUARY 12, 2024 (PAUSA 22, 1945 SAKA)
GOVERNMENT OF PUNJAB
DEPARTMENT OF POWER
(ENERGY BRANCH)
NOTIFICATION
The 24th August, 2023
No. 5/10/2007-EB6/3825.- Whereas the Government of Punjab, Department of Power, vide Notification No. 5/10/2007-EV6/2196-2197, dated the13th June, 2011 intiated the process of acquiring land under section 4 of the Land Acquistion Act, 1894 (Central Act of 1894) at villages Jeonpura, Chorti Kheri, Harna, Haripur and Loha Kheri, Tehsil and District Fatehgarh Sahib for laying railway line upto Thermal Power Plant, Nabha Power Limited situated near Rajpura. Thereafter, notification under section 6 of the Land Acquistion Act, 1894 was published vide No. 5/10/2007-EB6/4067-4068, dated 9th December,2011 for acquiring land at villages Jeonpura, Chorti Kheri,Harna,Tehsil and District Fatehgarh Sahib. Balkar Singh and other petitioners, khewatdars of village Jeonpura filed a Civil Writ Petition No. 18635 of 2011 in the Hon'ble Punjab and Haryana High Court.
Whereas keeping in view the orders passed in abovesaid Civil Writ Petition No 18635 of 2011, a fresh notification was issued under section 6 of the Land Acquistion Act, 1894 for acquiring land at village Jeonpura, Tehsil and District Fatehgarh Sahib vide Notification No. 5/10/2007-Ev6/1369-1370, dated the 6th June, 2012.
The Sub-Divisional Magistrate-cum-Land Acquistion Collector, Fatehgarh Sahib passed Award No.1, dated the 11th June, 2012 by excluding the land of the petitioners i.e 106 Kanal 17 Marlas situated in village Jeonpura, District Fatehgarh Sahib.
Whereas the petitioners again filed Civil Writ Petition No 11956 of 2012 in the Hon'ble Punjab and Haryana High Court. The Hon'ble High Court passed the following orders on 21.2.2013:
"Mr. Jain, learned Addl.A.G,Punjab states that during the pendency of the writ petition, the State
will not take any steps in pursuance of the notification of land of the petitioners."
Whereas the Hon'ble Punjab and Haryana High Court passed the following orders on 08.10.2013:
"Mr.Grewal, learned counsel for the petitioners informs that the respondent company has
expressed its inability to purchase/acquire the left out land. Since the acquisition has left any
utility of the un-acquired land of the petitioners, we impress upon the State Government to take
necessary measure for acquisition of the left out land either by compelling the respondent
company or otherwise.
( 801 )802 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2024 (PAUSA 22, 1945 SAKA)
List again on 26.2.2014.
Interim order to continue."
Whereas the Hon'ble High Court in its hearing on 3rd August,2022 directed the Principal Secretary, Power to convene a meeting with all the concerned stakeholders. Accordingly a meeting was held on 8th August, 2022 and Nabha Power Limited vide their letter dated the 2nd August,2022 submitted that they have no-objection to denotification of the land measuring 13 Acre 2 Kanal 17 Marla of village Jeonpura, District Fatehgarh Sahib. The Hon'ble High Court vide its order dated 15 December, 2022 ordered as follows :
"CWP-11956-2012
Since the award was not passed, the respondents can initiate proceedings to de-notify the land of
the petitioner-Balkar Singh."
Therefore,in view of the aforesaid directions issued by the Hon'ble Punjab and Haryana High Court in Civil Writ Petition No 11956 of 2012 and in exercise of the powers conferred by section 48 of the Land Acquistion Act,1894 read with sub-section(2) of section 114 of the Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and section 6 of the General Clauses Act, 1897 (Central Act 10 of 1897) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to withdraw from the acquisition of the following land mention in the schedule, namely:-
SCHEDULE
Serial Serial Village Tehsil District Hadbast Khasra Kanal/ Type
Number No. of No. Nos. Marla
Notifi-
cation
already
issued
(Section
4 and 6)
1 1 Jeonpura Fatehgarh Fatehgarh 265 24//17 0-15 Chahi
Sahib Sahib
2 2 24 0-12 Chahi
3 3 23 4-4 Chahi
4 4 18 2-13 Chahi
5 5 22 4-3 Chahi
6 6 19 5-13 Chahi
7 7 21 2-8 Chahi
8 8 20 5-3 Chahi
9 9 23//25 0-1 Chahi
10 10 16 6-8 Chahi
11 11 15 2-5 Chahi
12 12 17 0-17 Chahi
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2024 (PAUSA 22, 1945 SAKA)
803
15 15 13 0-2 Chahi 16 16 8 2-15 Chahi 17 17 7 3-18 Chahi 18 18 4 1-5 Chahi 19 19 3 5-18 Chahi 20 20 19//23 6-15 Chahi 21 21 24 0-1 Chahi 22 22 17 0-3 Chahi 23 23 18 6-13 Chahi 24 24 14 2-2 Chahi 25 25 13 5-10 Chahi 26 26 6 0-1 Chahi 27 27 8 2-9 Chahi 28 28 7 5-18 Chahi 29 29 3 0-1 Chahi 30 30 4 5-10 Chahi 31 31 5 3-14 Chahi 32 32 15//24 0-9 Chahi 33 33 25 6-19 Chahi 34 34 16 2-1 Chahi 35 35 16//21 1-5 Chahi 36 36 20 1-10 Chahi
Total 106-K
17-M
Sd/- TEJVEER SINGH Chandigarh
Principal Secretary to Government of Punjab, The 22nd August, 2023
Department of Power.