CIVIL WRIT PETITION NO. 6586 OF 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: December 21 , 2010. Parties Name Surjit Singh and others ...PETITIONERS. VERSUS State of Punjab and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Augustine George Masih PRESENT: Mr. Arun Jain, Sr. Adv., with Mr. Amit Jain, Advocate, for the petitioners. Mr. Manohar Lall, Addl. A.G., Punjab; JASBIR SINGH, J. (oral) JUDGMENT This writ petition has been filed with a prayer to quash a notification dated February 5, 2009, issued under Section 4 of the Land Acquisition Act, 1894 (in short the Act) proposing to acquire land measuring 929.73 Acres of land in village Chater, including land of the petitioners. Further challenge is to a declaration issued under Section 6 of the Act on August 10, 2009. The land was acquired for mixed land use area CIVIL WRIT PETITION NO. 6586 OF 2010 -2- upto 300 Mtrs. on both sides of 200 feet road from Sectors 66- 66A junction of National Highway No. 64. It was contention of the petitioners that their residential houses, which are situated next to the Abadi of village Naraingarh, has been ordered to be acquired without any justification. It was further stated that Abadi of village Naraingarh was kept out of acquisition and by little bit of change in the Scheme, the buildings situated next to the Village Abadi could have been released from acquisition. On September 16, 2010, following order was passed by this Court: “It is apparent from the record that village Abadi of Naraingarh has been left out of acquisition. Houses of the petitioners are situated next to the village Abadi and possibly these houses cannot obstruct the construction of road. Mr. Sharma seeks time to get instructions.” In response to order, quoted above, on October 6, 2010, State counsel informed the Court that recommendation has been made for release of land of the petitioners. Today a copy of the letter addressed to the office of Advocate General, Punjab, Chandigarh, dated December 21, 2010, has been put on record. Relevant portion of the letter reads thus: “Reference to your letter No, A/3/2010/SS/ 41247 dated 18.11.2010 on the subjected above. 2. The above mentioned writ petition is pending in the Hon'ble Punjab & Haryana High Court and the same is fixed for 21.12.2010 for filing reply. In this case, view of State CIVIL WRIT PETITION NO. 6586 OF 2010 -3- Government was sought regarding denotification of the notification dated 05.02.2009 and 10-8-2009. However, the matter has been approved by Minister Incharge (Hon'ble Chief Minister) on 20-12-2010 and the notification regarding De-notifying the disputed land will be issued shortly. Therefore, you are requested to seek at-least 2 weeks time from the Hon'ble Court.” In the above said letter, it is stated that in principle, the State has agreed to release land of the petitioners and a notification, to de-notify the same will be issued shortly. In view of above mentioned fact, this writ petition has become infructuous and the same is disposed of accordingly. Directions are issued to the State authorities to comply with the undertaking given in letter, mentioned above. Needful be done expeditiously. ( JASBIR SINGH ) JUDGE (AUGUSTINE GEORGE MASIH) JUDGE December 21 , 2010. DKC