In the High Court of Punjab and Haryana at Chandigarh CWP No. 6894 of 2008 Date of decision: 14.7.2008 Martin and Harris Laboratories Ltd. and another ......Petitioners Versus State of Haryana and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.Sameer Rathore, Advocate, for Mr.Sumeet Goel, Advocate for the petitioners. Mr.Ashish Kapoor, Addl.A.G.Haryana. Mr.Kamal Sehgal, Advocate for respondent No.4. **** JUDGMENT M.M.KUMAR, J. The acquisition proceedings under challenge in this petition filed under Article 226 of the Constitution were initiated on issuance of notification dated 14.12.2006 (Annexure P-1) issued under Section 4 and declaration made on 18.1.2008 (Annexure P-2) under Section 6 of the Land Acquisition Act, 1894 (for short 'the Act'). Learned State counsel has placed on record a copy of the order dated 14.5.2008 stating that the declaration dated 18.1.2008 issued under Section 6 of the Act has lapsed because it was issued after a period of more than one year from the date of publication of CWP No. 6894 of 2008 -2- notification under Section 4 of the Act. Therefore, the writ petition to that extent deserves to succeed. Learned State counsel further states that a fresh notification under Section 4 of the Act has been issued which can be challenged in accordance with law on all available grounds. Learned counsel for the petitioners has submitted that in addition to challenge to acquisition, the petitioners have also claimed other reliefs. This petition has been rendered infructuous because the State has accepted the claim that the notification under Section 6 has lapsed having been issued after a period of one year. Whenever any other relief has been claimed by the petitioners, it shall not cause any prejudice to them when they file a second petition. (M.M.KUMAR) JUDGE (SABINA) JUDGE July 14, 2008 anita