- (1.) Petitioners who are 38 in number are the small land owners and their land measuring about 4 acres 1K-11M is the subject matter of acquisition. They have filed this writ petition with a prayer to quash a notification issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (in short 'the Act')on 26th May, 2009 proposing to acquire land owned by them, mentioned above, for a public purpose namely 'for construction of sewerage treatment plant' in Naraingarh. Further, challenge has been made to a declaration issued under Section 6 read with Section 17 of the Act on 25.06.2009. Still further, a notice issued under Section 9 of the Act on 18.06.2010 is also under challenge.
(2.) When notice of motion was issued following contention of learned counsel for the petitioner was noticed by this Court on 16.07.2010. Counsel for the petitioners states that notification, to acquire land of the petitioners, was issued on 26.05.2009 under Section 4 read with Section 17 of the Land Acquisition Act, 1894(in short 'the Act'). Declaration under Section 6 was issued on 25.06.2009. Possession of the land was not taken thereafter and the petitioners are still in possession. They have received notice under Section 6 on 18.06.2010. Above said facts clearly indicate that the petitioners' right to file objections under Section 5-A of the Act has unnecessarily been curtailed, whereas there was sufficient time with the authorities to give that opportunity to the petitioners.
(3.) In response to the notice issued, reply has been filed by the respondents, wherein it has been stated that the land was proposed to be acquired on account of a notice issued by the Haryana State Pollution Control Board to construct a sewerage treatment plant in Naraingarh and further the delay in taking possession of the land had occurred on account of one or the other administrative reasons (Para No. 16 of reply filed by respondent Nos. l and 3).;