- (1.) The petitioners' land measuring 2 Kanals is subject matter of acquisition vide notification dated 03.06.2010 under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and the notification dated 10.12.2010 under Section 6 of the Act. The said land is part of the land, sought to be acquired for construction of providing services road of Kakoria Distributory from reach KM 5.515 to KM 7.250 in village Lisana, Bikaner, Gangaicha Ahir, Ghorkawas and Kakoria, in Tehsil and District Rewari.
(2.) It is averred by the petitioners that petitioner Nos.1, 2 and 5 are illiterate, whereas petitioner Nos.3 and 4 are not living in the village. During the course of arguments, learned counsel for the petitioners has stated that petitioner No.3 is an Executive Officer in the Market Committee and petitioner No.4 is a Teacher in the State of Haryana.
(3.) The grievance of the petitioners is that the notification under Section 4 of the Act is stated to be published in Hindi newspaper 'Hari Bhoomi' and 'The Pioneer' English newspaper, which have no circulation in the locality, therefore, the intention of the publication of the notification, as required by Section 4 of the Act, is not satisfied. Since the publication was not proper, the petitioners could not submit objections under Section 5-A of the Act. It is also pleaded case of the petitioners that the petitioners have received notice dated 21.12.2010 under Section 9 of the Act and that the Award was announced in respect of the land situated in village Kakoria on 12.08.2011 (Annexure P-7). The petitioners made representation dated 09.08.2011 (Annexure P-10) to the Energy, Forest & Environment Minister and to the Chief Engineer dated 22.08.2011 (Annexure P-8) and again representation to the Electricity & Forest Minister on 23.11.2011 (Annexure P-13). In none of the three representations mentioned above, there is any assertion that the publication of the notification under Section 4 of the Act was not made in the manner as contemplated by law or that the petitioners were not aware of the intention of the State Government in respect of the acquisition of the land. The objection raised was that the construction of the Distributory should be stopped two acres short of the land of the petitioners.;