In the High Court of Punjab and Haryana at Chandigarh CWP No. 18911 of 2006 Date of decision: 21.5.2008 Suresh Kumar and another ......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.Ashish Kapoor, Addl.A.G.Haryana. Mr.R.S.Longia, Advocate for HUDA. **** JUDGMENT M.M.KUMAR, J. The prayer made in the instant petition filed under Article 226 of the Constitution is for quashing of acquisition proceedings initiated by issuance of notification dated 6.1.2006 (Annexure P-2) 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-5). The petitioners have claimed that over the land bearing Khasra No.107//19/1(0-4) they have raised A-class construction before issuance of notification under Section 4 of the Act. However, CWP No. 18911 of 2006 -2- in para 6 of the reply filed by the respondents the stand taken is that there was no construction of the petitioners on the land in dispute as claimed by them. Similar averments have been made in para 10 of the reply. We have also perused the objections raised by the petitioners filed under Section 5-A of the Act, where assertion has also been made that the land is under A-class construction built by the petitioners. However, the record shows that the objections of the petitioners were considered and the land was found to be vacant and, therefore, recommended for acquisition. Learned State counsel has stated that 4 marla of the land belonging to the petitioners has been released and 1 kanal has been acquired, which comprised in Khasra No.107//19/1. 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 Marlas stands released to the petitioners and writ petition with regard to rest of the land stands dismissed. (M.M.KUMAR) JUDGE (SABINA) May 21, 2008 JUDGE anita