Sukhdev Thapar Trust writes to CM Mann, seeks quick land acquisition

After the Punjab and Haryana high court (HC) dismissed the petition of stay on May 27, the members of All India Shaheed Sukhdev Thapar Memorial Trust on Monday threatened to go on hunger strike if the administration fails to acquire land for the construction of a direct approach road to the ancestral house of martyr Sukhdev Thapar in Naughara area from Chaura Bazar within 15 days.

The trust wrote to chief minister (CM) Bhagwant Singh Mann to issue final award of acquisition for taking over the possession of the petitioner’s property.

Petitioner Prem Chand Bansal, whose property is to be acquired for providing direct access to the historical site, sought the quashing of the SIA report (Annexure P-8), notifications under Section 11 and Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (”Act of 2013”) dated June 7, 2022, and May 17, 2023, respectively, and all related proceedings, including a public notice dated June 7, 2023.

However, the HC has dismissed the writ petition challenging the social impact assessment (SIA) report and subsequent notifications related to the development and beautification of the birthplace of Shaheed-e-Azam Sukhdev Thapar.

Ashok Thapar, national president of the trust, said they have give a 15-day ultimatum to authorities for issuing final award of acquisition for taking over the possession of the said building, otherwise they will be forced to sit on a hunger strike before SDM Ludhiana office.

Advocate Viren Jain, on the behalf of the trust, mentioned that the court examined the petitioner’s arguments, which were based on two primary grounds. First, the petitioner argued that the urgency provisions under Section 40 of the Act of 2013, which exempt the requirement of an SIA, were not invoked. Thus, according to Section 9 of the Act, the SIA was mandatory. Second, the petitioner contended that the preliminary notification under Section 11 of the Act was not uploaded on the relevant website, violating Section 11(1)(e) of the Act.

The court noted that the project in question aims to develop and beautify the birthplace of Shaheed-e-Azam Sukhdev Thapar, consisting of House No. B-4-1848. The department of cultural affairs had initially declared this site a “protected monument” on May 18, 2009, under the Punjab Ancient & Historical Monuments and Archaeological Sites and Remains Act, 1964. The development project received financial support, including ₹81 lakh sanctioned by the central government and ₹1 crore declared by the chief minister of Punjab on August 15, 2018.

Furthermore, the court rejected the petitioner’s argument regarding the non-uploading of the preliminary notification, as the respondent had provided an affidavit confirming its publication on the website. The court inferred that the petitioner was aware of the notification, rendering this objection baseless.

Deputy commissioner Sakshi Sahwney said, “We are regularly in touch with person concerned and authorities, and we have initiated the action in this regard.”