- (1.) The petitioner seeks quashing of the notifications dated 14.07.2010 and 07.07.2011 (Annexures P3 & P5) issued under Sections 4 & 6, respectively of the Land Acquisition Act, 1894 (in short, 'the Act'). The precise claim of the petitioner is that the impugned notifications are contrary to settled principles of law on the acquisition of land and is also violative of the provision of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (in short, 'the 1958 Act'). The acquired land in the instant case measuring 4 kanal 16 marlas is owned by the petitioner and his brother and is situated within the revenue estate of Jhajjar which is a Municipal area. The land has been acquired for a public purpose, namely, for the Sector-dividing road of Sec. (sic)2-8 and 1-7 of Urban Estate, Jhajjar.
(2.) The petitioner lays his challenge to the acquisition mainly on three grounds viz.:- (i) the objections submitted by him and his co-owner have not been decided equitably ignoring the fact that the petitioner has already got the building plans sanctioned from Municipal Committee, Jhajjar and has constructed a residential unit consisting three bed rooms, one hall, kitchen, cattle-shed and store-rooms etc; (ii) his petition under Section 8 of the National Capital Region Planning Board Act, 1985 is yet to be adjudicated by the National Capital Region Planning Board, who is solely the competent authority to determine the use of areas falling in the National Capital Region; (iii) the acquired land abuts the historical 'Tombs' notified as 'Monuments of National importance' by the Archaeological Survey of India vide Notification dated 11.12.2002 (Annexure P7) and no construction within radius of 100 mtrs. from the protected limits of the monument is permissible;
(3.) The Land Acquisition Collector, Urban Estates, Rohtak has filed the reply/affidavit maintaining that though the alleged structure-cum-residential house has been constructed by the petitioner unauthorisedly evading conversion and development charges, nevertheless, 'the residential house falling outside the demarcation boundary of the road has not been acquired'. The reply/affidavit further clarifies that one room constructed separately with a verandah, boundary wall and the vacant area, total measuring 4 kanal 16 marlas have been acquired as it falls 'in the alignment of road'.;