- (1.) This order will dispose of two writ petitions, i.e., CWPs No. 2484 of 1988 and 1943 of 1989. For facility of reference, facts are being taken from CWP No. 2484 of 1988.
(2.) By filing this writ petition, Petitioners have impugned a notification issued under Section 4 of the Land Acquisition Act, 1894 (in short the Act) on January 24, 1984, proposing to acquire 5.74 Acres of land, situated in village Ankhir, Tehsil Ballabgarh, District Faridabad. Further challenge has been laid to a declaration issued under Section 6 of the Act on January 20, 1987. The land was acquired for a public purpose, namely, to develop and utilise it for residential and commercial purposes in Sector 21-C, Ballabgarh. It is on record that after issuance of notification under Section 4 of the Act, Petitioners filed objections under Section 5-A of the Act. However, the same did not find favour with the authorities and accordingly declaration under Section 6 of the Act was issued.
(3.) It is primary grievance of the Petitioners in this case that as per provisions of the Act, substance of the notification, issued under Section 4 of the Act was not published in two newspapers, which is a mandatory requirement. The matter went to the Lok Adalat and following order was passed on July 4, 2000: After hearing counsel for the parties, we propose a reasonable and fair order as under: Notification under Section 4 of the Land Acquisition Act, 1894, for acquiring the land in dispute was issued on January 24, 1984. Notification under Section 6 of the aforesaid Act is stated to have been issued on January 20, 1987. One of the grounds on which the acquisition proceedings are challenged is that the notifications aforesaid were not published in the English or the vernacular newspapers as alleged in para 12 of the writ petition. In para 12 of the written statement filed on behalf of the Respondents, it is not specifically denied that any such notifications were published in the English or the vernacular newspapers. In this view of the matter, it is reasonable to presume that the necessary procedure for acquisition of the land was not followed and the acquisition cannot be sustained in law. Thus, it is directed that the Respondents will not take any action for acquiring the land under the impugned notifications. In case the Respondents object to the proposed order as above, they may move an application before the High Court for listing of the case for disposal according to law within one month. Copy of the order be given to the counsel for the parties.;