- (1.) Petitioners have invoked the writ jurisdiction of this Court claiming a writ of mandamus directing the respondents to release the passage from Rectangle No. 73 Killa No. 2/2/2, 9/2, 12/1 and 19/2 so as to approach the land of the petitioners situated in Khasra no. 19/1.
(2.) In the written statement dated 7.3.2012 filed on behalf of respondent No. 2, the stand was that the land bearing Khewat No. 145, Khatoni No. 147, Rectangle No. 73, Killa No. 2/2(2-7), 9/2 (3-16), 12/1(4-8), 19/2 (2-0) and 19/1 (6-0) has been acquired and the possession of the land has been taken. The preliminary work on the said land has been started by the department and it is not possible to release the passage. It was also pointed out that three karam passage is available to approach the remaining land of the petitioners. To support such assertion, the aksh shajra has been produced on record.
(3.) During the course of arguments on 25.9.2012, learned counsel for the parties sought time to explain the discrepancies in the notification under Section 6 of the Land Acquisition Act, 1894 (for short the 'Act') as the declaration appears to have been made in respect of Khasra No. 19/1 measuring 5 kanals and 17 marlas whereas in terms of the written statement, the Khasra no. 19/1 measuring 6 kanals was said to be acquired.;