- (1.) The challenge in the present writ petition is to the notifications dated 25.05.2010 and 24.05.2011 under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short "the Act") respectively thereby the land comprising in Rect. No.13 Khasra Nos.17, 18, 23, 24 was acquired for a public purpose i.e. development and utilization of land for Residential Area, Sector 37-C, Gurgaon.
(2.) The assertion of the petitioners is that there is a well constructed residential colony of 19 houses situated in land measuring 32 Kanal of the aforesaid Khasra numbers. The petitioners rely upon electric meter in support of the assertion that construction on the land acquired is prior to the publication of the notification under Section 4 of the Act, therefore, such land, over which the petitioners have constructed their houses should not be acquired.
(3.) In the written statement, it had been pointed out that land is required for a public purpose namely development and utilization of land for Residential purpose and that such acquisition is valid in view of the law laid down by this Court in CWP No.1793 of 2007 titled as Smt. Shankuntla & others v. The State of Haryana decided on 14.12.2007. In reply on merits, it is submitted that residential houses, labour quarters, shop, one room and one office with boundary wall were present in Khasra No.17, 18, 23, 24 whereas rest of the land was vacant. It is further pointed out that the construction was present in scattered manner in Rect No.13, 19 and 100/2 and that there was a large area of vacant land at the time of notification under Section 4 of the Act. It is also pointed out that some of the representatives of the petitioners were present before the Land Acquisition Collector at the time of hearing of objection under Section 5-A of the Act, therefore, the acquisition of the land is legal and valid.;