IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.7244 of 2008 Date of decision: 12.5.2009 Gurtej Kaur. -----Petitioner Vs. State of Punjab & another. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present:- Mr. Sarjit Singh, Sr. Advocate with Ms. Poonam Sambhar, Advocate for the petitioner. Mr. Manohar Lall, Addl.A.G.Punjab for the State. Mr. Sanjiv Sharma, Advocate for respondent No.2. ----- Adarsh Kumar Goel,J.: 1. On 4.5.2009, following order was passed:- “This petition seeks quashing of notifications dated 12.12.1974 and 2.1.1978 under Sections 4 and 6 of the Land Acquisition Act, 1894. Challenge is also to award dated 12.2.1981 for the land of the petitioner. Case of the petitioner is that though acquisition proceedings were completed in the year 1981, possession was not taken nor the mutation was sanctioned in favour of the State. Acquisition proceedings stand quashed and, therefore, the respondents cannot proceed in the matter. CWP No.7244 of 2008 In the affidavit filed on behalf of respondent No.2, it has been averred that though proceedings were quashed by this Court, the Hon’ble Supreme Court upheld the proceedings vide order dated 5.5.1987 passed in Civil Appeal No.2229 of 1984. In the affidavit filed on behalf of the State also, same averment has been made. In the replication, only objection taken is that copy of order of the Hon’ble Supreme Court has not been annexed. Learned counsel for respondent No.2 has handed over a copy of order of the Hon’ble Supreme Court to learned counsel for the petitioner. Learned counsel for the petitioner seeks time to verify the order of the Hon’ble Supreme Court. List again on 12.5.2009.” Learned counsel for the petitioner now concedes that case of the petitioner was covered by the order of the Hon’ble Supreme Court. It has, however, been submitted that in the case of some other land owner, acquisition was quashed by this Court and SLP against the said order was dismissed and curative petition has been dismissed vide order dated 4.8.2008 being Curative Petition (C) No.95 of 2004 in Review Petition (C) No.163 of 2001 in S.L.P. No.4519 of 1984. It is, further submitted that in another matter being W.P. No.(Civil) No.409 of 2008 Balbir Singh Dhillon & ors. v. State of Punjab and anr., the Hon’ble Supreme Court left it open for the parties to approach the Government in view of substantial constructions on the land. 2 CWP No.7244 of 2008 Having regard to the fact that there is inter-partes order of the Hon’ble Supreme Court against the petitioner, this Court cannot pass any further order which will be in conflict with the order passed by the Hon’ble Supreme Court. Accordingly, this petition is dismissed. (ADARSH KUMAR GOEL) JUDGE May 12, 2009 (JITENDRA CHAUHAN) ashwani JUDGE 3