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Tuesday, August 17, 2010

Land Acquisition Act, 1894, S. 4, 6, 5A 9--Objections--Non-filing of

2010(3) LAW HERALD (P&H) (DB) 2057
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice M.M. Kumar
The Hon’ble Mr. Justice Jitendra Chauhan
CWP No. 18931 of 2009 (O&M)
Rishi Pal etc.
v.
State of Haryana etc.
{Decided on 05/04/2010}
For the Petitioner: Mr. N.C.Kinra, Advocate.
For the Respondent: Ms. Palika Monga DAG Haryana
For the Respondent No.2: Mr. Shallie Taneja, Advocate.
Land Acquisition Act, 1894, S. 4, 6, 5A & 9--Objections--Non-filing of--Petitioner unable to produce any receipt of sending objections by registered letter or acknowledgement--He was also not able to show original copy of objections--Identical language in objections filed by petitioners in both set of cases would show that it is an after thought and no objections infact were filed--Notification under Section 4 issued on 15.12.2006 and declaration was made on 14.12.2007 granting ample opportunity to petitioners to file objections and seek their remedy in accordance with law--It cannot be said that no declaration can be made under Section 6 of Act as notification issued under Section 4 has been described as if it is issued by invoking urgency provisions of Section 17(1) of Act--No prejudice could be said to have caused to petitioners--Writ petitions dismissed. (Para 3, 4, 5 & 6)