Civil Writ Petition No.10633 of 2010(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10633 of 2010(O & M) Date of decision: 08.02.2011 Rampat & anr. ....petitioners Versus State of Haryana & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUAMR GARG Present: Mr.M.L.Sharma, Advocate Mr.Ashish Chopra, Advocate Mr.Dhiraj Chawla, Advocate Ms.Palika Monga, DAG Haryana *** JASBIR SINGH, J.(ORAL): This order shall dispose of two writ petitions bearing No.10633 of 2010 and 9834 of 2010. For the purpose of dictation of order, facts are being taken from CWP No.10633 of 2010. By filing this writ petition, the petitioners are praying that notification dated 19.08.2009 issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894(in short 'the Act') along with declaration issued under Section 6 on 11.02.2010, be quashed. As per facts on record, vide those notifications land in question was acquired to construct a road. It is primary contention of the learned counsel for the petitioners that construction of a road was not such a compelling need that the respondents could not have waited the delay of 30 days, to give an opportunity of hearing to the petitioners by filing objections under Section 5-A of the Act. Civil Writ Petition No.10633 of 2010(O & M) 2 Notice of motion in this case was issued on 28.05.2010 and status quo regarding possession was ordered to be maintained. On the last date of hearing, we proposed to the State counsel that the time is available, the present writ petition can be treated as an objection under Section 5-A of the Act and after giving an opportunity of hearing, if needed, the State may issue fresh notification under Section 6 of the Act. To the above said proposal, copy of a letter addressed to the Office of Advocate General,State of Haryana from the Office of Additional Director(Technical) for Director of Industries & Commerce, Haryana dated 07.02.2010 has been put on record. Relevant portion of the letter reads thus: “Please refer D.O.No.SPL1 dated 04.02.2010 from Ms.Palika Monga, Deputy Advocate General, Haryana, on the subject cited above. It was informed that the Hon'ble Court has sought instructions whether the Government is ready to give the petitioners an opportunity of personal hearing by treating their writ petition as objections under Section 5-A of the Land Acquisition Act, 1984. In this regard, I am directed to inform you that the SDO(C)- cum-LAC, Rewari, shall consider the writ petition as objection under Section 5-A of the Act and he will afford an opportunity of personal hearing to the petitioners within 30 days from the date of hearing(08.02.2011)and send his recommendations. The State Government shall issue notification under Section 6 of the Act accordingly. It is requested to seek the order of the Hon'ble Court dasti so that the compliance may be made in time.” Civil Writ Petition No.10633 of 2010(O & M) 3 In view of the order now passed, these writ petitions have become infructuous. Petitioners are directed to appear before the Land Acquisition Collector on 23.02.2011 and the writ petition be treated as an objection application under Section 5-A of the Act. The Land Acquisition Collector shall decide the objections after giving an opportunity of hearing to the petitioners, forthwith and thereafter, if needed a declaration may be issued under Section 6 of Act. Disposed of. Copy of the order be given dasti to the State counsel under the signatures of Bench Secretary. (JASBIR SINGH) JUDGE (RAKESH KUMAR GARG) JUDGE 08.02.2011 neenu