- (1.) By this order, we propose to decide eight writ petitions. In CWP Nos. 3820, 3821, 3822, 3823 of 1991 challenge is laid to the notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), dated 07.12.1988, notification under Section 6 of the Act dated 06.12.1989 and notices under Section 9 of the Act dated 27.11.1990 and in CWP Nos. 1152, 1153, 1154 and 1155 of 1994, challenge is to the Award dated 05.12.1991 and the supplementary Award dated 25.08.1993 passed by the Land Acquisition Collector in the acquisition under challenge in the first four writ petitions.
(2.) Petitioner in CWP No. 3822 of 1991 is a Private Limited Company incorporated under the Companies Act, 1956 and petitioners in CWP Nos. 3820, 3821 and 3823 of 1991 are the Directors of the Company whose private land stands notified for acquisition under challenge. The total land in all these writ petitions is 52.74 Acres, out of which 40.8125 Acres is owned by the Company and the rest belongs to the other petitioners, which is situated in Daulatpur Nasirabad (Carterpuri) Tehsil and District Gurgaon. For convenience sake, pleadings are being referred to from CWP No. 3822 of 1991 as common facts and law points are involved and the arguments were also addressed by the counsel for the parties taking the pleadings mentioned therein as the basis for making their submissions.
(3.) Earlier to the present impugned notifications, this very land was sought to be acquired through notification dated 13.11.1981 issued under Section 4 of the Act, which was for development and utilization of land as residential-cum-commercial area as shown in development plan under the HUDA Act. It was followed by a notification under Section 6 dated 15.11.1984 measuring 52.74 Acres along with other land, which included land belonging to M/s Rani Shever Poultry Farm, M/s Omega Commercial Pvt. Ltd., Anand Purifier (now M/s Enfilco Ltd.), Indo Swiss Time Ltd., M/s Jawala Textile Mills, purportedly for the purpose of development of Sectors 21, 22 23, 23-A of Gurgaon. These notifications were challenged by the petitioner-Company through CWP No. 5623 of 1984 filed in this Court. These very notifications were challenged by others as well and one of the writ petitions was dismissed by this Court vide order dated 16.07.1985. Writ petition preferred by the petitioner-Company was dismissed by this Court vide order dated 24.10.1985 in the light of the earlier judgment dated 16.07.1985.;