CWP No. 18378 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 18378 of 2010 Date of decision: 12.10.2010 Lala Chuni Lal Free Hospital through its Trustee-Shri Ashish Raj ….. PETITIONER VERSUS The State of Punjab and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. S.C.Nagpal, Advocate, for the petitioner. Mr. Manohar Lall, Addl. A.G. Punjab. *** Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash the acquisition proceedings, carried out by the authorities, proposing to acquire land of the petitioner. It is contention of the counsel for the petitioner that notification under Section 6 of the Land Acquisition Act, 1894 (for short 'the Act') was not issued within the period of limitation and in view of that, acquisition has CWP No. 18378 of 2010 2 elapsed. On 08.10.2010, following order was passed by this Court:- “ A copy of the writ petition has been supplied to Mr. R.S. Chauhan, Additional A.G. Punjab. He is directed to produce a copy of the notification issued under Section 6 of the Land Acquisition Act, 1894, published in the official gazette, on the date fixed. Adjourned to 12.10.2010.” In response to order mentioned above, affidavit of Capt. Karnail Singh, PCS, Sub Divisional Magistrate-cum-Land Acquisition Collector, Hoshiarpur, has been filed, relevant portion of which reads thus:- “3. That declaration U/S 6 of the Land Acquisition Act, 1894 was not issued within the stipulated period of six months as per amended FCR Standing order No. 28. 4. That as per amended FCR Standing order No. 28 notification U/S 4 has elapsed. 5. That a fresh notification U/S 4 has to be issued for acquisition of the above mentioned scheme. 6. That The Director, Tourism Department Punjab, Chandigarh has requested the Deputy Commissioner Hoshiarpur to initiate fresh Land Acquisition proceedings for the development of Tourism in Punjab and Construction of Tourist Place at Village Bajwara, Tehsil & District Hoshiarpur.” CWP No. 18378 of 2010 3 In this affidavit, it has been specifically mentioned that the acquisition has elapsed. In view of above, there is no need to pass any order in this writ petition and it has become infructuous. As on today, the petitioner, as stated by him, is owner of the land in question. If it is so, he may deal with the property as he likes. Disposed of accordingly. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE October 12, 2010 pj