- (1.) Through this writ petition the petitioners are praying for issuance of a writ of mandamus commanding the respondents for releasing the land of the petitioners in compliance of the order dated 27.1.1982 (Annexure P-7), vide which the decision of the Government was conveyed by the Director, Urban Estates, Haryana, Chandigarh to the Administrator, Haryana Urban Development Authority, Faridabad for releasing of 2 Bighas and 3 Biswas of land of the petitioners in village Karnal, Tehsil and District Karnal from acquisition, where Smadhis of the ancestors of the petitioners and their houses were situated, and to quash the order dated 27.11.1989 (Annexure P-17) passed by the Chief Administrator, Haryana Urban Development Authority, conveying the petitioners that the land of the petitioners, above mentioned, cannot be released.
(2.) Briefly, the facts of the case are that, notification under Section 4 of the Land Acquisition Act, 1894 (Hereinafter referred to as ''the Act'') dated 4.6.1980 was issued by the State of Haryana for acquisition of 247.74 acres of land for development and utilisation as residential and Commercial Area under the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as the ''HUDA Act'') in the area of village Karnal, Tehsil and District Karnal. 85 Bighas of land of the petitioners was also included in this notification for acquisition. On 2 Bighas and 3 Biswas of land there are three Smadhis of the ancestors of the petitioners, which were built by the forefathers of the petitioners and there were superstructures in the shape of building. Petitioners filed objections under Section 5-A of the Act, but the same were not accepted and vide declaration issued under Section 6 of the Act dated 16.4.1981 their entire land was included in the notification including 2 Bighas and 3 Biswas of land, referred to above. Award dated 6.7.1981 was announced by the Land Acquisition Collector.
(3.) Before the passing of the award, the petitioners filed an application dated 1.7.1981 for releasing of their land before the Minister Incharge. This application was duly processed by the department and considered by the Minister Incharge, who after hearing the petitioners as well as the Land Acquisition Collector, accepted the application and ordered release of 2 Bighas and 3 Biswas of land of the petitioners. In pursuance to the order of the Minister Incharge, Director Urban Estates vide letter dated 27.1.1982 (Annexure P-7) conveyed the decision of the Government to the Administrator, HUDA about the release of the land of the petitioners from acquisition.;