IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10385 of 2011 Date of decision: 30.08.2011 Parsinderjit Kaur …..Petitioner versus State of Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mrs.Justice Ritu Bahri Present: Mr.Amit Jain, Advocate for the petitioner Mr.Manohar Lall, Addl.A.G. Punjab Mr.Upender Prasher, Advocate for Mr.K.S.Dadwal, Advocate for respondent No.3 Jasbir Singh, J. (Oral) This writ petition has been filed to lay challenge to a notification issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act) on 16.4.2010 and also a draft notification prepared under Section 6 of the Act on 26.5.2010. In this writ petition, dispute is with regard to the land owned by the petitioner, which was proposed for acquisition for a public purpose, namely, ‘for establishment of Modern Computerized Inter State Check Post at village Dhakoli, tehsil Dera Bassi, district SAS Nagar’. When notice of motion was issued on 3.6.2011, following contention of counsel for the petitioner was noticed by this Court:- “It is contention of counsel for the petitioner that without issuing a notification under Section 6 of the Land Civil Writ Petition No.10385 of 2011 Acquisition Act, 1894 (in short, the Act), respondents have ordered acquisition of petitioner’s land.” Thereafter, on 12.8.2011, the State counsel intimated the Court that the State Government is thinking of shifting the check post. Today, proceedings of the Committee, constituted for the said purpose have been put on record, which indicates that it has been decided to shift the construction of check post to some another place. Be that as it may, on the last date of hearing, record was shown to us. Only draft notification under Section 6 of the Act was available, however, there was nothing on record to show as to whether it was published as per the mandatory provisions of Section 6 of the Act or not. Even today, the State counsel has failed to show any publication of the notification under Section 6 of the Act. Notification under Section 4 of the Act was issued on 16.4.2010 and as per provisions of the Act, notification under Section 6 of the Act is supposed to be issued within one year. Once, notification under Section 6 of the Act is not issued within the stipulated period, the notification issued under Section 4 of the Act stand lapsed. Same is the situation in this case. In view of above, this writ petition is allowed by noting that the proceedings qua acquisition regarding the land, in dispute have lapsed. However, liberty shall remain with the State Government to acquire the land, if need be, as per law. (Jasbir Singh) Judge 30.08.2011 (Ritu Bahri) gk Judge 2