- (1.) Challenge in the present writ ptition is to the notification dated 26.12.2010 published under Section 4 of the Land Acquisition Act, 1894 (for short the Act ) and the notification dated 22.3.2011 published under Section 6 of the Act intending to acquire 35 kanals 04 marla situated in village Khadur Sahib Tehsil Khadur Sahib District Taran Taran for a public purpose of construction of Tehsil Complex.
(2.) Petitioners have leveled allegations of mala fide against respondent No. 3- Shri Rajnit Singh Brahmpura as the person instrumental in acquisition of their land, owned by the petitioners. It is alleged that Master Jagir Singh, father of petitioners No. 1 to 3 and uncle of petitioners No. 4 to 7 has been constantly contesting elections against respondent No. 3 from the Assembly constitutency of Naushara Panwan. After the elections of 1997 and 2002, Master Jagir Singh has filed election petition in the High Court, challenging the election of respondent No. 3 but the said petition stands abated on account of the death of Master Jagir Singh in the year 2004. It is alleged that due to constant political rivalry, respondent No. 3, a Cabinet Minister, exercised his influence and planned to oust the petitioners from the property owned by the petitioners. It is also pointed out that the petitioners has filed objections on 10.1.2011 giving details of alternative sites available with the State Government and also the political rivaly with respondent No. 3 and the existing places of worship but without granting any hearing, notification under Section 6 of the Act has been published on 22.3.2011 (Annexure P-5).
(3.) Respondent No. 3 has filed a short affidavit denying the allegations of malafides. He has mentioned in his affidavit that he is a Cabinet Minister of Department of Rural Development and Panchayats and Elections and is in no way connected with the issuance of notifications under Sections 4 and 6 of the Act.;