In the High Court of Punjab and Haryana at Chandigarh CWP No. 19245 of 2006 Date of decision: 21.5.2008 Satbir and others ......Petitioners Versus State of Haryana and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.Sanjay Mittal, Advocate, for the petitioners. Mr.M.L.Saggar, Addl.A.G.Haryana and Mr.Ashish Kapoor, Addl.A.G.Haryana. Mr.R.S.Longia, Advocate for HUDA. **** JUDGMENT M.M.KUMAR, J. The petitioners have challenged the acquisition proceedings initiated by issuance of notification dated 6.1.2006 (Annexure P-5) under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') and declaration made under Section 6 of the Act on 9.8.2006 (Annexure P-11). The petitioners have claimed that the whole area is under A- class construction. In the reply filed by respondents No. 1 to 3, the stand taken is that the land belonging to petitioners No. 5 to 8 was totally vacant at the time of issuance of notification under CWP No. 19245 of 2006 -2- Section 4 of the Act and there was, thus, no hindrance in acquiring the land for public purpose. However, in respect of petitioners No. 1 to 4, it has been conceded in para 3 of the written statement that there were six rooms, varanda and boundary wall belonging to petitioners No. 1 to 4 and the construction could not be adjusted in the planning. However, on reconsideration of the matter, the learned State counsel has stated that the land measuring 4 kanals and 14 marlas comprised in Khasra Nos. 107//18/2(1-14), 145//14(2-0) and 122//22(1-0) has been released, which is the A-Class constructed area. In view of above, the writ petition is disposed of with the observation that the claim of the petitioners is conceded to the extent that the land measuring 4 kanals and 14 marlas stands released and the writ petition with regard to rest of the land stands dismissed. (M.M.KUMAR) JUDGE (SABINA) May 21, 2008 JUDGE anita