- (1.) Replication has been filed in the Court and is taken on record. Civil Misc. application stands disposed of. Civil Writ Petition No. 2021 of 2011 This writ petition has been filed with a prayer to lay challenge to a notification dated 26.08.2009(P-1) issued under Section 4 of the Land Acquisition Act, 1894 (in short 'the Act') proposing to acquire 386.53 acres of land including 39.65 acres of land situated in village Singhpura for a public purpose namely 200 feet wide road (11 KM) from National Highway No. 64 to Panchkula, Sector 21. Further challenge has been made to a declaration issued on 24.08.2010 under Section 6 of the Act finally deciding to acquire 156.8018' acres of land including 17.4791 acres of land situated in village Singhpura. Petitioners are the owners of land measuring about 3 bighas. When notice of motion was issued claiming discrimination in releasing the land of others falling in the road alignment, counsel for the petitioners contended as under: It is contention of learned counsel for the petitioners that some land falling in the road alignment has been kept out of acquisition, whereas similar relief has not been granted to the petitioners.
(2.) Taking note of the same, notice of motion was issued. Reply has been filed at the instance of respondent No. 3 i.e. Land Acquisition Collector, Urban Development, Punjab, 5th Floor, PUDA Bhawan, SAS Nagar, Mohali. In Para No. 6 following facts have been stated: That accordingly, a notification under Section 6 of the Land Acquisition Act, 1894 was issued on 24.08.2010 vide No. 6/18/2009/6HGI/2759 exempting the Khasra No. 699 as this Khasra number has already been acquired by the PWD Department, Punjab and the same is falling already in the Chandigarh-Ambala main road. Other alleged Khasra numbers i.e.710, 733 and 747 were not included in the notification issued under Section 6 of the Act because the same were not falling in the middle of proposed road rather these Khasra numbers were located outside from the said proposed road. However, the Khasra number 698 relating to the petitioners was needed due to construction of a roundabout on Chandigarh-Ambala road and slip roads were to be constructed to give free flow of transportation on the proposed road so same was included in the, notification issued under Section 6 of the Act. It is further submitted that alignment of the road has not been changed along with these Khasra Numbers as alleged by the petitioners. So the allegations raised by the petitioners in this regard is totally baseless and Utopia.
(3.) It is specifically mentioned in the affidavit that alignment of the road was never shifted as alleged by the petitioners and it is further stated that the land falling in khasra No. 698 owned by the petitioners is needed to construct a roundabout at Chandigarh-Ambala road and a slip road. It was specifically averred that land falling in khasra No. 710, 733 and 747 were not included in the declaration because that was falling away from the road alignment. The road is going to be carved out as per the sanctioned master plan.;