IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 234 of 2010 Date of Decision: January 11, 2010 Sukhdarshan …Petitioner Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. S.P. Chahar, Advocate, for the petitioner. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The grievance made by the petitioner is that in respect of land described as Khasra No. 579/2, objections were filed under Section 5A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’). According to the District Revenue Officer-cum-Land Acquisition Collector, Jhajjar, in the aforesaid khasra number there is a Peer Madhi of Baba Maharaj Pancholi Wale. There is also one old well, which is worshiped by all the residents. A recommendation was accordingly made by the Land Acquisition Collector-respondent No. 2 that the land of the Peer may be exempted from acquisition and in that regard Government may take decision to release or acquire the aforesaid area. It is appropriate to mention that notification under Section 4 of the Act was issued on 23.10.2008 and recommendations were made on 12.1.2009 on the objections filed by the petitioner. Thereafter notification under Section 6 of the Act has been issued on 25.8.2009 (P-5). CWP No. 234 of 2010 The issuance of notification under Section 6 of the Act shows that the respondent State has not accepted the recommendation made by the Land Acquisition Collector-respondent No. 2. The award is yet to be announced. Therefore, the remedy available to the petitioner is to approach the respondent State by filing a representation for exercise of power under Section 48 of the Act for release of the land comprised in Khasra No. 579/2. Accordingly, the petitioner is permitted to withdraw the writ petition with liberty to file any such representation, which may be considered by the respondent State in accordance with law. (M.M. KUMAR) JUDGE (JITENDRA CHAUHAN) January 11, 2010 JUDGE Pkapoor 2