IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.15295 of 2009 Date of decision: 21.02.2011 Surjit Singh …..Petitioner versus State of Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Mandeep S. Bedi, Senior Advocate with Mr.Anil K. Joshi, Advocate for the petitioner Mr.Manohar Lall, Addl.A.G.Punjab Mr.Balwinder Singh, Advocate Jasbir Singh, J. (Oral) By filing this writ petition, the petitioner has impugned the notifications, issued under Sections 4 and 6 read with Section 17 of the Land Acquisition Act, 1894 (in short, the Act) on 21.5.2004 and 24.5.2004, respectively, to acquire the land owned by the petitioner measuring 1 kanal 9 marla for a public purpose, namely, ‘for providing proper access to the commercial pocket in the Urban Estate Phase-II at Jalandhar’. When notice of motion was issued, reference was made to the recommendation made by a Committee, not to acquire the above said land. On 30.11.2010, following order was passed by this Court:- Civil Writ Petition No.15295 of 2009 “Copy of the minutes of the meeting dated November 15, 2010, has been placed on record. Para No. 4 of the recommendations made by the Committee reads thus:- “In view of the aforementioned facts and also inputs of the previous meeting, it was unanimously decided that acquisition of the land in question, at present, shall not be in the larger public interest. Accordingly, it was recommended to denotify the entire land for which Notifications dated 21.05.2004 had been issued. This shall, however, have no effect on the land measuring 3 Marlas which has already been gifted by Sh. Surjit Singh, the land owner to PUDA now JDA, Jalandhar and which had been transferred to PUDA/ JDA in the revenue records over which road has already been constructed and is being used by the public.” Counsel for the respondent-State states that the Minister concerned is not available and the notification to denotify the land under acquisition shall be issued within three weeks. On request, adjourned to December 20, 2010.” Thereafter, the State counsel took time to take final decision regarding proposed acquisition. Today in Court, a copy of a notification dated 22.12.2010 has been put on record, relevant portion of which reads thus:- “No.6/3/2004---1HG1/3939 In exercise of the powers conferred under section 48(1) of the Land Acquisition Act 1894, the Governor of Punjab is pleased to rescind land acquisition proceedings initiated, vide State Government Notification No.6/3/2004-1HG1/3271 dated 24th May, 2004 to 2 Civil Writ Petition No.15295 of 2009 acquire a total land measuring 01 kanal 09 marla of village Garha Vehnda, H.B. No.304, Tehsil & Distt. Jalandhar.” In view of notification dated 22.12.2010, this writ petition has become infructuous. Disposed of accordingly. (Jasbir Singh) Judge 21.02.2011 (Rakesh Kumar Garg) gk Judge 3