In the High Court of Punjab and Haryana at Chandigarh CWP No. 5677 of 2008 Date of decision: 04.04.2008 Rajender and others ......Petitioners Versus State of Haryana and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.N.D.Achint, Advocate, for the petitioners. **** JUDGMENT M.M.KUMAR, J. The prayer made in the instant petition is for quashing of the notifications dated 3.10.2006 and 1.10.2007 (Annexure P-4 and P-6 respectively) issued under Section 4 and 6 of the Land Acquisition Act, 1894 (for brevity 'the Act'). According to the averments made in the petition 40% of the land, notified under Section 4 of the Act, has been released before issuance of declaration under Section 6 of the Act. Learned counsel for the petitioners states that the land, which is subject matter of acquisition and owned by the petitioners, is not vacant land but has CWP No. 5677 of 2008 -2- houses built on it. He has referred to land comprised in Khasra No.71/1, situated in Village Nathupur, Teshil and District Gurgaon. He further states that the petitioners will be satisfied if direction is issued to the respondents to consider their case by keeping in view the latest policy framed by the State in December 2007. According to the learned counsel, reference of that policy has been made in the order dated 17.12.2007 (Annexure P-7) passed by the Division Bench while disposing of CWP No.16396 of 2007. Learned counsel also states that the petitioners have given up challenge to the acquisition proceedings and confine their prayer to the release of constructed area only. Notice of motion. Mr.Ashish Kapoor, Additional Advocate General, Haryana, who is present in Court, accepts notice on behalf of the respondents. Two copies of the paper book have been handed over to him in the Court. With the consent of the parties, the matter is taken up for final disposal. After hearing learned counsel for the parties, we deem it just and appropriate to accept the prayer made by the petitioners that the matter be referred to respondents No. 1 and 2 to consider their case in the light of the latest policy concerning release of built up area. The petitioners shall be at liberty to send a detailed representation by incorporating all the pleas pleaded in the instant petition within a period of two weeks under the Registered A.D.cover. If any such representation is made, the same shall be considered in CWP No. 5677 of 2008 -3- the light of the latest policy of the State and disposed of within two months thereafter. Petition is disposed of in the above terms. Copy of this order be given dasti to the parties on payment of usual charges. (M.M.KUMAR) JUDGE (SABINA) April 04, 2008 JUDGE anita