IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4166 of 2009 Date of decision: 24.02.2011 Harnek Singh and another …..Petitioners versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Anil Kshetarpal, Advocate for the petitioners Jasbir Singh, J. (Oral) This order will dispose of CWP Nos.4166 and 4190 of 2009, involving similar question of law and facts. For facility of reference, facts are being taken from CWP No.4166 of 2009. This writ petition has been filed with a prayer to quash a notification, issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act) on 3.10.2006, proposing to acquire 330.09 acres of land, including about 5 kanal 6 marla land owned by the petitioners, for a public purposes, namely, ‘for development and utilization of land as residential and commercial area for Sector 13, Jagadhri. Further challenge has been laid to a declaration, issued under Section 6 of the Act on 27.2.2009. This writ petition was ordered to be heard after the decision of CWP No.4186 of 2009, titled as Diljit Singh and others versus Union of India and others. That writ petition was dismissed by this Court vide order Civil Writ Petition No.4166 of 2009 dated 22.11.2010. Thereafter, the Registry has put up these writ petitions for hearing. So far as objection against the notifications like non grant of the environment clearance before issuance of notification under Section 4 of the Act etc. is concerned, the same was elaborately discussed and decided against the petitioners by a Division Bench of this Court in the case of Diljit Singh’s case (supra). Faced with the situation, counsel for the petitioners states that the petitioners have raised construction in the land falling in khasra No.27//29/1, 29/2, 29/3 total measuring 5 kanal 6 marla. We have perused the notifications issued under Sections 4 and 6 of the Act. At the time of acquisition, only 3 kanal 14 marla of land of the petitioners was made subject matter of the notifications, mentioned above. If that is so, it is very clear that a piece of land, in which, construction is in existence was not made part of the acquisition proceedings. It is then contention of counsel for the petitioners that it is not known to the petitioners as to which portion of khasra Nos., mentioned above, has been kept out of acquisition. If that is so, the petitioners may approach the authority concerned and we are hopeful that the Land Acquisition Collector will demarcate the land measuring 3 kanal 14 marla, which has been ordered to be acquired. Disposed of. (Jasbir Singh) Judge 24.02.2011 (Rakesh Kumar Garg) gk Judge 2