IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 3615 of 2006 DATE OF DECISION: November 6, 2008 Sat Narain and others …Petitioners Versus State of Haryana and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JORA SINGH Present: Mr. Sudhir Aggarwal, Advocate, for the petitioners. Mr. Ashish Kapoor, Addl. AG, Haryana, for respondent Nos. 1 and 2. Mr. Arun Walia, Advocate, for respondent No. 3. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. C.W.P. No. 3615 of 2006 1. The prayer made in the instant petition is for quashing notification dated 27.11.2003 (P-5), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, ‘the Act’) and declaration made under Section 6 of the Act, dated 24.11.2004 (P-7). The principal ground raised in the petition is that there is a temple in Khasra No. 355, as per the jamabandi of village Islampur, Tehsil and District Gurgaon and on that account acquisition proceedings have been challenged. 2. In the written statement filed by the respondents it has been asserted that the construction of the temple has been raised after issuance of notification under Section 4 of the Act, whereas the petitioners have claimed that according to the jamabandi of the year 2000-2001 (P-1), the temple has been in existence before the notification as the entry in the jamabandi shows that there is a gair- mumkin mandir(temple) in Khasra No. 355. 3. Mr. Arun Walia, learned counsel for respondent No. 3, after obtaining instructions from the Estate Officer, HUDA, Gurgaon- II, has stated that the deities and other accompanying idols installed in the temple in question shall be shifted to Shitla Mata Mandir, Gurgaon or at any other nearest temple. 4. The aforementioned statement made by Mr. Walia has been accepted by the learned counsel for the petitioners. Accordingly, we direct the respondents that the deities alongwith other idols installed in the temple in question shall be shifted to a nearby temple or as a last resort to the Shitla Mata Mandir, Gurgaon after observing all the rituals and customs. The needful shall be done within a period of two months from the date of receipt of a certified copy of this order. 5. The writ petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE 2 C.W.P. No. 3615 of 2006 (JORA SINGH) November 6, 2008 JUDGE Pkapoor 3