IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2936 of 2010 Date of decision: 22.02.2011 Lok Ram 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: Mr.Shailendra Jain, Advocate for the petitioners Ms.Palika Monga, DAG Haryana Mr.Gitish Bhardwaj, Advocate for Mr.Arun Walia, Advocate for HUDA Mr.Adarsh Jain, Advocate for respondent No.5 in CWP Nos.5899 of 2010 Jasbir Singh, J. (Oral) This order will dispose of four writ petitions bearing Nos.2936, 3126, 5678 and 5899 of 2010, involving similar question of law and facts. For the purpose of dictating order, facts are being mentioned from CWP No.2936 of 2010. This writ petition has been field to lay challenge to a notification, issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (in short, the Act) on 13.1.2010, proposing to acquire a vast tract of land for the public purpose, namely, ‘sector roads in sectors 99 to 115, Gurgaon’. Further challenge has been made to a declaration, issued under Section 6 read with Section 17 of the Act on 25.1.2010. Award was passed on 31.3.2010. All these writ petitions were filed before Civil Writ Petition No.2936 of 2010 passing of the award. In CWP No.2936 of 2010, which is first in time, interim stay regarding possession was granted on 18.2.2010. At the time of arguments, a copy of the letter addressed by Additional Director, Urban Estates Department, Haryana to the office of the Advocate General, Haryana has been placed on record. Relevant portion of which reads as under:- “From Additional Director Urban Estates Department Haryana, Panchkula To The Advocate General, Haryana, Chandigarh Memo No. Dated Sub:- CWP Nos.2936/10, 3126/10, 5678/10, 5899/10, 6219/10, 6126/10 The above noted CWPs are fixed for hearing to 22.2.2011. These writ petition are pertaining to acquisition of Sector Roads 99 to 115 Urban Estates Gurgaon for which notifications under Section 4 & 6 were issued on 13.1.2010 and 31.3.2010 under the provision of u/s 17 (urgency clause) of the Land Acquisition Act and award has been pronounced on 31.3.2010. CWP No.6219, 6126 of 2010 were filed by the petitioner after the pronouncement of award. It is stated that in CWP Nos.2936/10, 3126/10, 5678/10, 5899/10 the acquisition proceedings shall be completed/ undertaken under the general clauses of the Land Acquisition Act instead of urgency clause.” In this letter, it is stated that the acquisition shall be completed/ undertaken under the general clauses of the Land Acquisition Act instead of urgency clause. If that is so, petitioners’ grievance to that extent comes to an end. As per statement now made, the respondents are duty bound to give an opportunity to the petitioners to file objections under Section 5-A of the Act. Accordingly, liberty is granted to the petitioners to do so within a period of three weeks from today, failing which, their writ petition(s) shall 2 Civil Writ Petition No.2936 of 2010 be deemed to have been dismissed. In the objections to be filed, the petitioners may raise all the objections which are available to them as per law. The Land Acquisition Collector shall, then complete the proceedings as per provisions of the Act and also after complying with the provisions of principles of natural justice. It is made clear that the limitation period will start from the date of passing of this order, the time consumed between issuance of notification under Section 4 of the Act dated 13.1.2010 till grant of interim stay on 18.2.2010 shall be excluded, while completing further proceedings. Disposed of. Copy of the order be supplied to counsel for the parties under signature of the Court Secretary. (Jasbir Singh) Judge 22.02.2011 (Rakesh Kumar Garg) gk Judge 3