HEMANT GUPTA, J. - (1.) THIS order shall dispose of afore-mentioned two writ petitions i.e. CWP No.8840 of 2010 preferred by Dharam Singh, Jagan Singh, both sons of late Shri Nathu, Karan Singh son of late Shri Shri Chand and Smt. Nirmala Devi wife of Karan Singh as well as CWP No.6896 of 2010 preferred by Smt. Kallo Devi, Smt. Bhateri Devi & Smt. Batto Devi, daughters of late Shri Nathu; Pappu, Dharam Singh & Jagan Singh, sons of late Shri Nathu.
(2.) CHALLENGE in both the writ petitions is common that the shops and dwelling houses of the petitioners are not built within 60 meters area of the road and green belts and, therefore, the demolition notice issued in respect of the shops and dwelling houses is liable to be quashed. Earlier the petitioners in CWP No.6896 of 2010 including Smt. Dhankali widow of late Shri Nathu have filed CWP No.18890 of 2004 challenging the notifications dated 27.01.2003 and 23.01.2004 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 respectively, for the reason that the acquired land has large constructions.
(3.) THE petitioners, in the said writ petition, have relied upon site plan (Annexure P-5). A perusal of the said site plan shows that the acquired land is said to have 109 houses and 33 plots. THE house of the petitioners is at Sr.No.89 i.e. close to a crossing when one road goes to Delhi & another to Rewari. In reply to the said writ petition, it was asserted that there existed two rooms measuring 16' x 16 each, latrine and bathroom measuring 9' x 6 and one tin shed measuring 16' x 27 at the relevant time and the said construction is effecting the planning and the same has been acquired as per the development plan.;