CIVIL WRIT PETITION NO. 1791 OF 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: January 31 , 2011. Parties Name Prithvi Singh ...PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Vivek Aggarwal, Advocate, for the petitioner Jasbir Singh, J. (oral) JUDGMENT Notice of motion. Ms. Palika Monga, D.A.G., Haryana, accepts notice on behalf of the respondents. It is contention of the counsel for the petitioner that without acquiring his land, the respondents have constructed a road thereon. By raising the above said grievance, similarly situated land owners came to this Court by filing CWP No. 16819 of 2010, which was allowed by this Court vide order dated November 19, 2010, by observing as under: CIVIL WRIT PETITION NO. 1791 OF 2011 -2- “ It is not in dispute that at present, road is in existence and operational at the spot. Taking note of the above-said facts, we allow this writ petition and direct the Secretary, PWD (B&R), State of Haryana, to initiate process to acquire land owned by the petitioners. The needful process shall be done within a period of four months from today. If the authorities fail to take action, as mentioned, the right will be available to the petitioners to retrieve their land, which was used for constructing a road. It is also made clear that if in a similar manner, for the road in question, any other land owner's land was used without acquisition, the necessary proceedings to acquire the same shall also be initiated. We are issuing this direction with a view to stop any further litigation. The authorities are at liberty to invoke the emergency provisions, as envisaged under Section 17 of the Act, to acquire the land in dispute.” In the order, mentioned above, the authorities were also directed to initiate the acquisition proceedings with regard to the land owners similarly situated, other than the petitioners in that writ petition. We are of the view that the case of the petitioner is squarely covered by the judgment, mentioned above. He has already sent a legal notice on December 3, 2010, claiming relief similar to the one, which was granted to the petitioners in CWP No. 16819 of 2010. Respondent No. 1 is directed to take note and decide the notice, sent by the petitioner, in terms of the CIVIL WRIT PETITION NO. 1791 OF 2011 -3- judgment passed by a Division Bench of this Court on November 19, 2010, in the above said writ petition. Needful be done within a period of three months from the date of receipt of copy of this order. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge January 31, 2011. DKC