Civil Writ Petition No.6126 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6126 of 2010 Date of Decision:04.03.2011 Kamlesh Kumari & Ors. ....petitioners Versus The State of Haryana & Ors .....respondents CORAM: HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUAMR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.Shailendra Jain, Advocate for the petitioners Ms.Palika Monga, DAG Haryana Mr.Maharaj Kumar, Advocate Mr.Gitish Bhardwaj, Advocate for Mr.Arun Walia, Advocate for HUDA Mr.Adarsh Jain, Advocate *** JASBIR SINGH, J.(ORAL): This order will dispose of two Civil Writ Petitions bearing No.6126 of 2010 and 6219 of 2010 involving similar question of law and facts. For the purpose of dictation of this order, facts are taken from CWP No.6126 of 2010. This writ petition has been filed to lay challenge to a notification, issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894(in short, 'the Act') on 13.01.2010, proposing to acquire a vast tract of land for a public purpose, namely, 'sector roads in Civil Writ Petition No.6126 of 2010 2 sectors 99 to 115, Gurgaon'. Further challenge has been made to a declaration, issued under Section 6 read with Section 17 of the Act on 25.01.2010. Award was passed on 31.03.2010. These two writ petitions were filed after passing of an Award on 31.03.2010. Four Civil Writ Petitions bearing No.2936, 3126, 5678 and 5899 of 2010 laying challenge to the above said notifications came up for consideration before this Court and on the basis of a letter addressed to the Office of Advocate General, Haryana from the Office of Additional Director, Urban Estates Department, Haryana, Panchkula those were disposed of in terms of concession given in that letter, that the land be acquired after complying with the general clauses of Land Acquisition Act, 1894, instead of urgency clause. Taking note of that concession, those writ petitions were disposed of giving opportunity to the petitioners, therein, to file objections under Section 5-A of the Act within a period of three weeks from the date of passing of that order on 22.02.2011. The respondents were directed to dispose of the objections filed by the petitioners, therein, as per law and then complete the acquisition proceedings, if need be. It was further stated that the period of limitation for issuance of notification under Section 6 shall start from the date of passing of that order i.e.22.02.2011. On 24.02.2011, the following order was passed by this Court in this case: “On 23.02.2011, in some cases, wherein notifications impugned in this case were challenged, concession was given by the respondents that the petitioners may file objections under Section 5-A of the Land Acquisition Act, 1894(in short 'the Act') and those will be decided as per law. It is necessary to note here that the notifications under challenge were issued under Sections 4 and 6 read with Section 17 of the Act for acquiring land to construct the Civil Writ Petition No.6126 of 2010 3 sector roads. In reply an objection has been raised that the writ petition has been filed after passing of an award, as such is not maintainable. We may have dismissed this writ petition, however, because in other similarly situated cases, right to file objection has been given to the petitioners/land owners under Section 5-A of the Act, on account of that, we are not dismissing this writ petition on a technical ground. State counsel seeks time to get instructions. Adjourned to 04.03.2011. Copy of the order be given to the state counsel under signatures of the Court Secretary." In response thereto,Ms.Palika Monga, DAG Haryana, has put on record a copy of the communication received from the Office of Additional Director, Urban Estates Department, Haryana, Panchkula, addressed to the Office of Advocate General, Haryana, bearing Memo No.1789 dated 04.03.2011. With regard to these two writ petitions, it has been stated as under: “The above noted CWPs are fixed for hearing on 04.03.2011. These writ petitions are pertaining to acquisition of Sector Roads 99 to 115 Urban Estates Gurgaon. The notifications under Sections 4 and 6 were issued on 13.01.2010 and 31.03.2010 under the provisions of u/s 17(urgency clause) of the Land Acquisition Act and award has been pronounced on 31.03.2010. It is stated that in CWP Nos.6219 of 2010 and 6126 of 2010, the acquisition proceedings shall be completed undertaken under the general clauses of the Land Acquisition Act instead of urgency clause.” In view of the concession given above, these writ petitions are Civil Writ Petition No.6126 of 2010 4 disposed of in the same terms as in the case of Lok Ram & ors.vs.State of Haryana & ors. CWP No.2936 of 2010 decided on 22.02.2011 with an observation that the Award passed on 31.03.2010 qua land of the petitioners in these cases shall be deemed to have been quashed. In terms of the order passed in Lok Ram & ors(supra), the opportunity is granted to the petitioners, herein, to file objections under Section 5-A of the Act within a period of three weeks from today, failing which the writ petition (s)shall be deemed to have been dismissed. In the objections to be filed, the petitioners may take up all the objections which they have taken in this writ petition to oppose the acquisition in question. The Land Acquisition Collector, then complete the proceedings as per the provisions of the Act after affording an opportunity of hearing to the petitioners. It is made clear that period of limitation to issue declaration under Section 6 of the Act shall start from the date of passing of this order. The time consumed between the issuance of notification under Section 4 of the Act on 13.01.2010 till the grant of interim stay in this case on 05/06.04.2010 shall be excluded when counting the above said period. Disposed of. Copy of the order be supplied to the counsel for the parties under the signatures of Court Secretary. (JASBIR SINGH) JUDGE (RAKESH KUMAR GARG) JUDGE 04.03.2011 neenu