IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2253 of 2011 Date of decision: 07.02.2011 Mohammad Umar and another …..Petitioners versus State of Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Hemant Gupta Present: Mr.Yogesh Goyal;, Advocate for the petitioners Jasbir Singh, J. (Oral) Land falling in khasra Nos.416 and 410, situated in revenue estate of village Rohira, tehsil Malerkotla, district Sangrur was proposed to be acquired by issuing a notification under Section 4 of the Land Acquisition Act, 1894 (in short, the Act), followed by a declaration under Section 6 of the Act, to set up a memorial. The petitioners came to this Court by filing CWP No.15423 of 2010, with a prayer to quash the acquisition proceedings. Vide order dated 30.8.2010, the writ petition was disposed of, by observing as under:- “It is their grievance that if the proposed land is allowed to be acquired, the petitioners will not have any access to their land. Be that as it may, it is an admitted fact that the petitioners have not filed any objection under Section 5-A of the Act when notification under Section 4 was issued. In this writ petition, there is also no challenge to the notification Civil Writ Petition No.2253 of 2011 issued under Section 4 of the Act. In such like situation, it is not possible for us to grant any relief to the petitioners. However, liberty is granted to the petitioners to move an application to the authority concerned with the grievance which they have raised in this writ petition. If it is found, as a matter of fact, that no access/ passage is available to the land of the petitioners, the authority will pass a suitable order, may be, the passage be granted against compensation to the petitioners. If the petitioners move an application within two weeks from today, decision thereon shall be taken within three weeks thereafter. The writ petition stands disposed of.” Thereafter, it appears that the petitioners filed an application before respondent No.4 to provide them a passage in terms of an order passed by this Court, as mentioned above. That representation has now been rejected vide order dated 5.10.2010. Hence, this writ petition. In the order passed, it is specifically stated that the petitioners are the owners of land, falling in khasra Nos.397, 398 and 399, which abuts the land falling in khasra No.402, owned by sons of the petitioners. It is further noticed that two karam passage, adjoining to the railway line, is also available to the petitioners. It has been found, as a matter of fact, that passage, which was falling in khasra Nos.410 and 416 was not operational when land was proposed to be acquired. It was also noticed that the petitioners have not filed any objection under Section 5-A of the Act, when opportunity was granted. Dismissed. (Jasbir Singh) Judge 07.02.2011 (Hemant Gupta) gk Judge 2 Civil Writ Petition No.2253 of 2011 3