Rakesh Garg, J. - (1.) THIS judgment shall dispose of 4 writ petitions i.e. CWP No. 3609, 3610, 3758, 3611 of 1990 as prayer to quash the proceedings to acquire the land of the Petitioners has been made on similar grounds. For the sake of convenience, the facts are being taken from CWP No. 3611 of 1990.
(2.) AS per the averments made, Respondent No. 1 issued notification dated 16.12.1988 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') whereby land measuring 666.65 acres belonging to villages Khandsa, Kadipur and Naharpur, Tehsil and District Gurgaon was notified for a public purpose i.e. for the development and utilization of land as Industrial Area (Sector 37 at Gurgaon) and notification under Section 6 of the Act was made on 14.12.1989 whereby the State Government decided to acquire 461.50 acres of land belonging to the aforesaid villages. The challenge to the acquisition has been made on the ground that the land of the Petitioners which comprises in Khasra No. 550 situated within the revenue estate of village Khandsa, Tehsil and District Gurgaon has been acquired in spite of the fact that the house of the Petitioner was constructed on the land in dispute much prior to the issuance of notification under Section 4 of the Act. It is also the case of the Petitioners that objections under Section 5 -A of the Act mentioning that the Petitioners have built the constructed houses were also filed. However, without deciding the objections and granting any opportunity of hearing, notification under Section 6 of the Act was issued acquiring the land. It was further pleaded that the Petitioners were discriminated as vacant land comprising courtyard of the house of the Petitioners had been included in the notification issued under Section 6 of the Act whereas land of other persons owning Khasra Nos.541, 542, 543, 684, 685 and 689 were altogether excluded from acquisition although there was no construction on the major portion of these khasra numbers and thus, the acquisition proceedings were liable to be set aside.
(3.) HOWEVER , in the written statement filed on behalf of the Land Acquisition Collector, Urban Estates, Haryana, Gurgaon, it was averred that CWP Nos. 8070 of 1990, 2730 of 1991, 2676 of 1991 and 12361 of 1990 challenging the aforesaid notifications and the award, were dismissed. It was further averred that opportunity of hearing was granted to the Petitioners in the objections filed by them under Section 5 -A of the Act and at the time of hearing, Sh. Budh Singh -Petitioner No. 5 was present on behalf of the Petitioners. It was further submitted in the reply that there was no construction on the land of the Petitioners except C -Class room measuring 10'Ã -10'. It was further stated in the written statement that there was no discrimination vis -a -vis the Petitioners as the land bearing khasra No. 541, 542, 543, 684 and 685 and 689 were left out of the acquisition as there was construction over the same before issuance of notification under Section 4 of the Act and the averments made in this regard were false. It was further prayed that acquisition was made in accordance with law and the writ petitions were liable to be dismissed.;