Jasbir Singh, J. - (1.) THIS writ petition has been filed to lay challenge to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894, (in short the Act), on September 26, 2007, and September 25, 2008, respectively proposing to acquire a vast track of land, for a public purpose, namely, for the development and utilisation of land for residential area in Sector 2, Part 3,4 and 5 Pinjore. Petitioner is the owner of 5 Biswas of land. It is her contention that in that land, she has constructed a house.
(2.) WHEN notice of motion was issued, following contention of counsel for the Petitioner was noticed on September 22, 2010: Counsel for the Petitioner states that constructed residential house of the Petitioner on 0.5 biswas of land has been ordered to be acquired, whereas adjoining big houses have been released from acquisition. Counsel further submits that the Petitioner had constructed his house much before issuance of notification under Section 4 of the Land Acquisition Act, 1894 on 16.9.2007. He further says that electricity and water connections were obtained before issuance of above -mentioned notification. Notice of motion for 9.11.2010. In response to the issuance of notice, replies have been filed by the Respondents. In para No. 3 of the reply (preliminary objections) filed by Respondents No. 1 and 2. , it is admitted that two shops were in existence when notification under Section 4 of the Act was issued. It is further stated that the relief was not given to the Petitioner because she had not filed objection under Section 5 -A of the Act. It is also an admitted fact that adjoining house to the house of the Petitioner, situated in about 10 Biswas, was kept out of acquisition.
(3.) IT is case of the Petitioner that it has wrongly been stated by the Respondents that the shops were in existence , whereas to the contrary it is house of the Petitioner. To say so, reference has been made to the photographs on record.;