IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.22429 of 2010 Date of decision: 16.12.2010 Anita and others …..Petitioners versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Sanjay Vashisth, Advocate for the petitioners Jasbir Singh, J. (Oral) By filing this writ petition, the petitioners have laid challenge to a notification, issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act) dated 2.6.2009, proposing to acquire land measuring 1417.07 acres, including about 6 kanal land, owned by the petitioners. Further challenge has been made to a declaration, issued under Section 6 of the Act on 11.5.2010. Admittedly, the petitioners, when opportunity given, failed to file objections under Section 5-A of the Act. By making reference to the photographs and copies of khasra girdawaris and jamabandis on record, counsel states that house was in existence before the issuance of notification under Section 4 of the Act. The authorities have failed to leave it out of acquisition, whereas, similar relief was given to many others, by exempting their residential houses from CWP No.22429 of 2010 acquisition. Counsel further submits that this is the only residential house available with the petitioners. Under the circumstances and in view of ratio of judgment in the case of Delhi Administration v. Gurdip Singh Uban and others, AIR 1999 SC 3822, at this stage, as the petitioners have not filed any objection under Section 5-A of the Act, it is not possible for us to interfere in the acquisition. However, by taking note of the entries in the revenue record and also construction at the site, shown in the photographs, the Land Acquisition Collector is directed to look into the feasibility of releasing land, under construction, owned by the petitioners, if it does not interfere in overall planning of the Scheme. The Collector shall also keep in mind that if relief by exempting construction has been granted to any other land owner, who had not filed objections under Section 5-A of the Act, case of the petitioners be also considered for the said relief. On making representation and producing copy of this order by the petitioners, the Collector to take action within fifteen days thereafter. The writ petition stands disposed of. (Jasbir Singh) Judge 16.12.2010 (Augustine George Masih) gk Judge 2