In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.20079 of 2006 Date of Decision:02-04-2008 M/ s Uddar Gagan Properties Private Limited and others ---Petitioners vs. State of Haryana and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.A.K.Chopra, Senior Advocate with Mr. Aashish Chopra, Advocate, for the petitioners. Mr. Ashish Kapoor, Addl. A.G.Haryana Mr. Vishal Sodhi, Advocate for Mr. Arun Walia, Advocate, for HUDA- respondent No. 2 M.M.KUMAR, J. The prayer made by the petitioners in the instant petition is for quashing Notification dated 20.6.2005 (P-2) issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') and declaration dated 19.6.2006 (P-11)issued under Section 6 of the Act. Learned counsel for the petitioner states that Land Acquisition Collector, Urban Estate, Gurgaon, Haryana, in para 3 of his affidavit dated 25.3.2008, has stated that the Government has decided to exclude the specified land from award vide letter dated 3.1.2008. It has also been mentioned in the affidavit that the land is no more the part of Award No. 46 dated 22.2.2007. Para 3 of the affidavit dated 25.3.2008 reads as under:- “That the petitioners claimed khasra Nos. 19/1/1/1,31,32, 33/1, 33/2,34, 35,49/2, 49/2,50/1, C.W.P.No.20079 of 2006 -2- 50/2, 50/3, 50/4, 57 and 59 situated in the revenue estate of village Haiderpur Viran, Tehsil and District Gurgaon, to be the land in dispute in above cited Civil Writ Petition. That the Government decided to exclude the above cited claimed land from the award vide letter Endst. No. 1-07/133 dated 3.1.2008.” Mr. A.K.Chopra, learned Senior counsel for the petitioner has submitted that Khasra no. 49/1 of the revenue estate of village Haiderpur Viran Tehsil Gurgaon is also part of the licensed land and it should not be included in the petition as no specific number in the declaration made under Section 6 of the Land Acquisition Act, 1894 was mentioned. Therefore, the petitioner has submitted that Khasra No. 49/1 is also part of the licence Nos. 90 and 94 of 1998. Copies of both the licences have been placed on record as Mark 'A' and 'B'. In view of the above, the land comprised in Khasra No. 49/1 would also be deemed to be covered by the statement made in the affidavit. Writ petition is disposed of accordingly. (M.M.KUMAR) JUDGE (SABINA) JUDGE April 02, 2008 paramjit