CIVIL WRIT PETITION NO. 3261 OF 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: March 23, 2011. Parties Name Balbir Singh and others ...PETITIONERS VERSUS State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Ms. Pratibha Yadav, Advocate, for the petitioners Ms. Palika Monga, D.A.G., Haryana; Jasbir Singh, J. (oral) JUDGMENT By filing this writ petition, the petitioners have laid challenge to the notifications issued on July 28, 2010 and December 1, 2010, by invoking the provisions of Section 4 and Section 6 read with Section 17 of the Land Acquisition Act, 1894 (in short the Act). On February 23, 2011, following order was passed by this Court: “ Vide notification dated 28.7.2010, by invoking the provisions CIVIL WRIT PETITION NO. 3261 OF 2011 -2- of Sections 4 and 17 of the Land Acquisition Act, 1894 (in short, the Act), land was proposed to be acquired for a public purpose, namely, ‘to construct raw water boosting station near Satnali feeder at Khudana’ . Notification, under Section 6 read with Section 17 of the Act was issued on 1.12.2010. It is contention of counsel for the petitioners that there was no need to invoke the provisions of Section 17 of the Act. To say so, reference has been made to the lapse of intervening period of about four months between issuance of notifications under Sections 4 and 6 of the Act. Counsel further states that, after issuance of notification under Section 6 of the Act, neither award has been passed nor compensation, as is envisaged under the provisions of Section 17 of the Act, has been deposited with the Collector. Counsel further submits that the petitioners have not received any notice to get tentative compensation, which is mandated to be paid by the Collector under Section 17 of the Act. Notice of motion. On our asking Ms.Palika Monga, DAG Haryana accepts notice on behalf of respondent Nos.1 to 3. Counsel for the petitioners is directed to supply three copies of the writ petition to her during course of the day. At this stage, it is not necessary to issue notice to respondent No.4. Adjourned to 10.3.2011.” CIVIL WRIT PETITION NO. 3261 OF 2011 -3- Ms. Monga, on getting instructions from Mr. Harbhajan Singh, Executive Engineer, Public Health Engineering Division, Mahendergarh, states that an opportunity of hearing shall be provided to the petitioners as per provisions of Section 5-A of the Act. Let the petitioners file their objections within four weeks from today and the same shall be disposed of as per law and thereafter fresh notification under Section 6 of the Act, if need be, will be issued. In view of the statement made, we feel that this writ petition has become infructuous and the same is disposed of accordingly. The petitioners are permitted to file their objections under Section 5-A of the Act, to the proposed acquisition, within four weeks from today. The Land Acquisition Collector shall then proceed further with the acquisition proceedings, if need be, as per law. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge March 23 , 2011. DKC