CWP No. 90 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 90 of 2010 Date of Decision 15.03.2010 Lal Chand and others ---Petitioners Versus State of Haryana and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. D.S. Pheruman,Advocate for the petitioners. Mr. Kamal Sehgal, Advocate for respondent No. 3. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. The instant petition filed under Article 226 of the Constitution prays for quashing of the notification dated 03.08.2006 (Annexure P2) and 14.06.2007 (Annexure P5) issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for brievty 'the Act'). At the outset, learned counsel for the petitioners has pointed out that the aforesaid notifications were also subject matter of CWP No. 90 of 2010 -2- challenge in C.W.P. No. 1846 of 2008 (Nirmala Devi Vs. State of Haryana and others), which was disposed of and a copy of order dated 10.09.2009 has been placed on record as Annexure P6. After taking into account various arguments raised by the Division Bench it had held that there was no merits in the contention raised on behalf of that petitioner with regard to absence of opportunity of hearing, accordingly, the aforesaid contention was repelled. Other issue relating to allotment of a plot to the land owner like petitioner under the instruction dated 07.12.2007 issued by the State Government, the Division Bench directed the respondents-State to consider the claim of petitioner under the policy-instructions dated 07.12.2007 by passing a well reasoned speaking order and in case petitioner in the aforesaid petition was found entitled to the allotment of a plot then same was to be allotted to him at the earliest. Mr. Kamal Sehgal, learned counsel for the respondent No. 3 could not successfully dispute the aforesaid claim made by the petitioners in this petition. Having heard the learned counsel for the parties and keeping in view the direction issued on 10.09.2009 in C.W.P. NO. 1846 of 2008, we are of the view that the instant petition deserves to be disposed of in the same terms as were issued on 10.09.2009 in C.W.P. No. 1846 of 2008. Accordingly, respondent No. 3 i.e. Haryana State Industrial Development Corporation is directed to consider the claim of petitioners for allotment of a plot in accordance with the policy dated 07.12.2007. The needful shall be done within a period of three months from the date CWP No. 90 of 2010 -3- of receipt of a certified copy of this order. The writ petition stands disposed of in the aforesaid terms. (M.M. KUMAR) JUDGE (JITENDRA CHAUHAN) JUDGE March 15, 2010 Atul