SHABIHUL HASNAIN,J. - (1.) HEARD Sri Shashi Nandan, learned Senior Advocate assisted by Sri Udyan Nandan, learned Advocate who appeared in support of this petition and Sri Jyotindra Mishra, learned Advocate General, Sri S. G. Hasnain, learned Additional Advocate General, Sri M. C. Chaturvedi, Chief Standing Counsel who appeared for the respondent no. 1 and 4, Sri Dinesh Dwivedi, learned Senior Advocate assisted by Sri Yashwant Verma, learned Advocate who appeared for the respondent no. 3.
(2.) WRIT petition, counter affidavit, rejoinder affidavit and a supplementary affidavit filed by respondent no. 3 dated 27.7.2009 received on 12.8.2009 to which, on asking no response is filed are on record and they are perused. By means of this writ petition prayer is to quash the notification dated 15.10.2007 (annexure no. 1 to the writ petition ) and notification dated 4.1.2008 (annexure no. 2 to the writ petition) issued under Section 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). There is a further prayer for issuance of writ in the nature of mandamus restraining the respondents from interfering in the possession of the petitioners over plot no. 437 situated at village Korab, Tehsil Mahaban, district Mathura. Land in dispute which is plot no. 437 is only 1.0348 hectares as is clear from khatauni extract.
(3.) THE purpose of acquisition of land in dispute is to construct a express way of which detail has come in subsequent part of judgment. In this petition small area, out of huge area so acquired is only under challenge.;