CWP No. 22510 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 22510 of 2011 Date of Decision: December 05, 2011 Baldev Raj Bhatia and others …Petitioners Versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. Mahavir Sandhu, Advocate for the petitioners. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The prayer made by the petitioners in the instant petition filed under Article 226 of the Constitution is for quashing of notification dated 18.10.2002 (P-3) issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') and declaration dated 08.09.2003 issued under Section 6 of the Act as well as award dated 05.09.2005 (P-5) announced by the Land Acquisition Collector. 2. The only argument raised is that the actual physical possession continues to be with the petitioner and therefore, it would be sufficient to presume that the land has not yet been acquired. We are afraid that such an explanation is contrary to the award, which has been announced on 05.09.2005 (P-5). It is specifically noticed under the sub heading 'Possession of the Land' that possession of the land has been taken over after offering compensation except the area which is subject to some stay orders passed by this Court. CWP No. 22510 of 2011 -2- 3. In view of the above insurmountable difficulty, the delay would stand in the way of the petitioners to challenge the whole acquisition proceedings initiated in 2002. Therefore, the writ petition is wholly without merit and does not merit admission. 4. Accordingly, the writ petition fails and the same is dismissed. (M.M. KUMAR) JUDGE (RAJIV NARAIN RAINA) JUDGE December 05, 2011 Atul