JUDGMENT

Mr. Kuldeep Tiwari, J.

Since both the instant writ petitions arise out of the same impugned orders, therefore, the same are taken up together for disposal.

2. The petitioners approached this Court seeking quashing of notifications dated 13.9.2000 (Annexure P-10) and order dated 18.11.2003 (Annexure P-11) vide which the representation of the petitioners was rejected in view of the above stated notification and also sought that the respondent-State Government may not put the petition land(s) being acquired for public purpose through open auction which was scheduled to be held on 17.12.2004 as per notice dated 1.12.2004.

3. Before we could delve into the actual and legal aspect of the present petitions, it is imperative to first give details of the policy dated 13.9.2000 which is under challenge. The respondent-State of Haryana has floated a policy for disposal of surplus acquired land and according to which the following order of priority was required to be maintained:-

i) Utilization of surplus land for other public purpose by the other departments including the forest department for forestation.

ii) Selling of such land by public auction."

4. The petitioner(s) challenged the abovesaid policy, as their representations to release the possession of the land in their favour were dismissed vide impugned order dated 18.11.2003. The petitioners challenged the impugned notification on the ground that the same is contrary to the provisions of Section 13 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to 'the Act of 1948').

Factual Aspect

5. The total 44 kanal and 11 marla of land(s) of the petitioners were acquired in the year 1979 and accordingly notification under section 6 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as 'the Act of 1894') was issued and the same was followed by award No. 137 dated 12.3.1979 for construction of committee R.D.down stream of Tangri River to link the super passage with the river opposite R.D.right side of Narwana Canal branch. After utilization of the acquired petition land(s) for the notified acquired purpose, some of the land become surplus and accordingly, it was handed over to the Forest Department, Haryana, for plantation/forestation.

6. However, the petitioners after some time illegally uprooted the plantation and started cultivation upon the acquired land unauthorizedly. In consequence, the Forest Department filed a petition under Section 4 of the PUBLIC PREMISES ACT 1972, in the Court of Collector, Ambala but that petition was dismissed in default vide order dated 2.6.1998. The Forest Department got lodged one FIR in Police Station Naggal, Ambala against the present petitioners and some other persons and got the land vacated and then the acquiring Department put the petition land(s) on lease for one year.

7. Thereafter, the State Government decided to sell the land through open auction and the open auction was to be held on 20.7.2001 but the petitioners and erstwhile owner approached this Court by filing CWP No.10104 of 2001 and this Court vide order dated 17.7.2001 stayed the open auction. However, the above petition was disposed of vide order dated 14.5.2002 with a direction to the Deputy Commissioner, Ambala to decide the representation of the petitioners. The relevant portion of the directions issued by this Court reads as under:-

"Be that as it may, we deem fit and appropriate that in the facts pointed out by the learned counsel for the petitioners that the matter should be re-considered by the State Govt. In the light of standing order No.28 and the instructions