Rakesh Kumar Garg, J. - (1.) This judgment shall dispose of a bunch of 39 writ petitions i.e. 6166 of 2010, 16189 of 2009, 8170, 4462 to 4465, 4506, 5493, 8654, 8710, 7192, 7517, 8845, 8171 to 8175, 8296, 8816, 12033, 12043, 13185, 15015, 9919, 9920 of 2010, 428, 503, 509, 512 of 2011 whereby a challenge has been laid to the notifications dated 25.4.2008 and 22.4.2009 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 hereinafter referred to as the 'Act') vide which land of the petitioners (over which residential houses/other construction have been raised), has been acquired against the Haryana Government policy dated 26.10.2007 . However, for the sake of convenience, facts are being culled out from CWP No.6166 of 2010 wherein a consolidated reply was filed by the State in compliance of the order dated 10.11.2010 passed by this Court.
(2.) As per the averments made, the petitioners are owners in possession of land measuring 8 kanals comprised in Rectangle No.6 Killa No.13 in the revenue estate of village Kharkhari, Tehsil and District Gurgaon. They have constructed residential houses etc. in an area measuring 4 kanals and over the remaining 4 kanals, the petitioners have allegedly constructed cattle sheds etc. where they are keeping buffaloes and are doing the business of dairy. It is further alleged that the petitioners have raised huge construction over the aforesaid land after spending lacs of rupees. The said residential houses are A-class pucca houses and they have no other residential house in the State of Haryana and if the said houses are acquired, the petitioners and their families shall be rendered without any roof on their heads. It is further alleged that the aforesaid houses of the petitioners are situated just adjoining to the extended village abadi. The aforesaid land of the petitioners along with other lands of village Kukrola, Bas Lambi, Mokalwas, Seharavan, Fakharpur and Fazilwas, was acquired for a public purpose namely for setting up a Chaudhary Devi Lal Industrial Model Township by Haryana State Industrial Corporation Limited vide notification dated 14.12.2006 issued under Section 4 of the Act and followed by a declaration under Section 6 of the said Act vide notification dated 18.1.2008 (Annexure P-6).
(3.) The petitioners and various other land owners filed civil writ petitions before this Court challenging the said acquisition proceedings. One of the grounds taken was that the declaration under Section 6 was issued beyond the statutory period of one year. On 19.5.2008 during the pendency of those writ petitions before this Court, the aforesaid fact was admitted by the Advocate General, Haryana by placing on record a copy of the order dated 14.5.2008 stating that the declaration dated 18.1.2008 issued under Section 6 of the Act has lapsed. It was also stated by the learned Advocate General that a fresh notification under Section 4 of the Act has been issued which could be challenged in accordance with law on all available grounds. The aforesaid writ petitions were rendered infructuous by observing that whenever any other relief is claimed by the petitioners, it shall not cause any prejudice to them when they file a second petition.;