IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6966 of 2011 Date of decision: 27.04.2011 Zile 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.V.D.Sharma, Advocate for the petitioners Jasbir Singh, J. (Oral) By filing this writ petition, the petitioners have laid challenge to the notifications dated 8.12.2009 and 20.9.2010, issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, the Act), proposing to acquire 99 kanal 16 marla of land for a public purpose, namely, ‘for construction of second water works at Uchana Kalan’. On 25.4.2011, it was argued by counsel for the petitioners that without deciding objections, filed by the petitioners under Section 5-A of the Act, declaration under Section 6 of the Act has been issued. To verify that fact, we asked counsel for the petitioners to supply a copy of the writ petition to the State counsel and he was directed to produce record relating to the acquisition in question. Today record has been produced in Court, perusal thereof clearly indicates that the objections filed by the petitioners Civil Writ Petition No.6966 of 2011 were decided after giving an opportunity of hearing to Zile Singh and Ram Niwas(the petitioners). In an order passed by the Land Acquisition Collector, it is specifically stated that the land owned by the Municipal Committee, which, it was case of the petitioners be acquired, is not sufficient for the public purpose stated above. Further, it was noticed that the land owned by the petitioners is technically more suitable for the public purpose for which the land has been acquired. It has also been brought to our notice that an award has already been passed on 1.4.2011. In view of above and also a fact that this writ petition has been filed after passing of an award, the same cannot be entertained in terms of ratio of judgment of the Hon’ble Supreme Court in Swaran Lata etc. v. State of Haryana and others AIR 2010 Supreme Court 1664. (Jasbir Singh) Judge 27.04.2011 (Rakesh Kumar Garg) gk Judge 2