IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.16262 of 2010 Date of Decision:- 22.09.2010 Subh Sharma and others ....Petitioner(s) vs. State of Punjab and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Pt.Hari Om Sharma, Advocate, for the petitioners. Mr.Manohar Lall, Addl..A.G., Punjab. *** Augustine George Masih, J. The present writ petition has been filed by the petitioners praying for quashing of the notification dated 22.6.2007 (Annexure P-5) issued by the State of Punjab exercising its powers under Section 48(1) of the Land Acquisition Act, 1894, withdrawing from acquisition which was issued for establishing urban estate, Khanna. A demand survey for 'customised housing' was conducted by the Punjab Urban Development Authority (hereinafter referred to as PUDA) by publishing and advertisement in the News Paper (The Tribune) dated 23.12.2002 which contained the Scheme also. As per the scheme, in case sufficient demand warranting the setting up of the urban estate in any station mentioned therein existed, the land would be acquired for the said purpose. The scheme was opened on 26.12.2002 and closed on 20.1.2003, and in para 6 thereof, it was stated that in case sufficient demand does not warrant the setting up of urban estate in any of the stations mentioned in C.W.P.No.16262 of 2010 -2- that advertisement, the earnest money will be refunded, in full, within six months from the closing date of their demand survey and no interest will be paid on the amount deposited. The demand survey was conducted including the area of Khanna under Ludhiana Zone and the tentative rate quoted was Rs.1500/- per sq. yard for Khanna (Annexure P-10). In response to the said scheme, 1294 applications were received for houses and plots and a total amount of Rs.41,23,500/- was collected from the applicants including that of petitioners. In the light of detailed order of even date passed by this Court in C.W.P.No.8024 of 2010 titled as Shashi Vardhan vs. State of Punjab and others vide which the notification dated 22.6.2007 (Annexure P-5) has been upheld by this Court, the prayer made in this writ petition cannot be accepted. Further there is a delay of more than three years in approaching this Court for the relief claimed. Accordingly, the present writ petition stands dismissed. Counsel for the petitioners pleads that no interest has been paid to the petitioners for the money deposited by them in response to the advertisement dated 23.12.2002 which has only been refunded in March 2010. If that be so, the petitioners are granted liberty to claim the same if permissible in law and dismissal of this writ petition shall not affect their claim, if any. ( JASBIR SINGH ) ( AUGUSTINE GEORGE MASIH ) JUDGE JUDGE September 22, 2010 poonam