August 24, 2011 3:31:58 am
Punjab Cabinet has gone back from its earlier decision on land pooling scheme in Mohali and plans to implement it for Sector 88-90 with retrospective effect rather than prospectively.
The Cabinet on July 27 decided that farmers of Sohana,Lakhnaur,Makhan Majra,Landhra and Baehrampur villages in Mohali district,who own 890 acres on which Sectors 88 to 90,are to be developed by the government will be included in the land pooling scheme from retrospective effect.
This was done on the advice of the office of advocate general of Punjab despite the fact that both the revenue and finance departments objected to the move proposed by the housing and urban development department.
Earlier in the meeting held on October 6,2009 the Cabinet had taken a view that on the advice of the revenue department that land pooling scheme can only be implemented prospectively.
In our view,there exists an intelligence differentia between cases where possession of land has been taken and land has vested in the state and cases where possession has not yet been taken, advocate general said.
Such distinction has also been noted by the Supreme Court in case of Jaipur Development Authority versus Mal Jain.
This distinction is also clearly evident from the cases where it has been held that the power under Section 48 of Land Acquisition Act for de-notifying the acquired land cannot be exercised once possession of land has been taken. Thus,it may be possible to justify the extension of the scheme to the lands where possession has not been taken, advocate general said.
The matter requires reconsideration in this regard by the competent authority by taking a conscious decision that such kind of cases will also be included and the policy will be made applicable to all those cases where the possession has not been taken whether on account of the fact that the proceedings were at the stage of Section 6 in normal course and the possession has not been taken because of some interim stay by the court and the matter is sub judice.
The Cabinet note prepared by the revenue department on behalf of housing and urban development department also stated that for 890.57 acres the notifications under Section 4 and 6 were issued from time-to-time,starting from January 19,2004 and the very last
notification was issued on March 13,2006.
The writ petitions were filed in the Punjab and Haryana High Court by the land owners who were challenging these notifications.
The award under Section 9 (the final compensation to be paid) has not been announced due to the stay.
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