CWP No.19996 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.19996 of 2008 Date of decision : November 26, 2008 * * * * * Mohammad Javed and others ............Petitioner Versus State of Haryana and others ...........Respondents * * * * * CORAM: HON'BLE MR. JUSTICE M.M KUMAR HON'BLE MR. JUSTICE JORA SINGH * * * * * Present: Mr. Shailendra Jain, Advocate for the petitioners. * * * * * 1. Whether Reporters of Local Newspapers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgement should be reported in the digest? M.M KUMAR, J. The prayer made in the instant petition is for quashing notification dated 22.6.2006 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act') and declaration made on 20.6.2007 under Section 6 of the Act (Annexures P-7 and P-11). The averment made in the petition is that the houses of the petitioners have been constructed before issuance of notification under Section 4 of the Act and that the land/houses of similarly situated persons have been released. It is also prayed that award is yet to be announced as notices under Section 9 of the Act have been issued asking the land owners to appear before the Land Acquisition Collector, Sonepat on 28.11.2008 at 11:00 A.M. The petitioners have not filed any application seeking to release their land by the Government under Section 48 of the Act as also in CWP No.19996 of 2008 2 accordance with the policy to release built up areas. Notice of motion. Ms. Palika Monga, learned State counsel present in the Court accepts notice on behalf of respondent no.1. Two copies of the paper book have been handed over to her. Without going into the controversy as to whether the houses have been built before the issuance of notification under Section 4 of the Act or after, we dispose of the writ petition with a liberty to the petitioners to file a comprehensive representation before the Secretary to Government of Haryana, Industries and Commerce Department, Chandigarh with a prayer for release of their land under Section 48 of the Act. The representation shall be made under registered AD cover within a period of ten days from today. If such representation is made, then the same shall be considered and decided in accordance with law by taking into account all the facts within a period of one month of its receipt. It is, however, made clear that as the petitioner has approached the Court before announcement of the award, the same shall not affect their rights for exercise of power under Section 48 of the Act.a A copy of the order shall be furnished to the counsel for the petitioner dasti on payment of usual charges. ( M.M KUMAR ) JUDGE November 26, 2008 ( JORA SINGH ) ritu JUDGE