Harinder Singh Sidhu, J. - (1.) THIS petition has been filed praying for direction for setting aside the order dated 21.11.2013 (Annexure P -20) and order dated 01.07.2014 (Annexure P -21) whereby the prayer of the petitioners for release of their land has been declined. The petitioners have also impugned the notification dated 07.01.2008 (Annexure P -3) issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and notification dated 06.01.2009 issued under Section 6 of the Act as also the award dated 04.01.2011 (Annexure P -9) passed in relation thereto.
(2.) THE petitioners state that they are joint owners and in actual physical possession of a Mandir and surrounding land, which is part of the land measuring 990 sq. yards situated in Kila No. 101/2, Village Sunaria Kalan, Tehsil and District Rohtak (Haryana). They had purchased the said plot through a registered sale deed dated 22.07.2005. They have stated that they are carrying on their business of trade in wood and have a godown for storage of wood on the said land. The State of Haryana issued notification dated 07.01.2008 under Section 4 of the Act for acquiring the land measuring 3.24 acres, Hadbast No. 101 at Village Sunaria Kalan; 153.76 acres, Hadbast No. 80 at Village Kanheli and 48.50 acres, Hadbast No. 72 at Village Meena, Tehsil and District Rohtak for development of Sector 25, Rohtak residential, commercial, open spaces and public utilities under the Haryana Urban Development Authority (HUDA). The petitioners' land was also a part of this land. The petitioners filed their objections under Section 5 -A of the Act stating that they had set up a business of wood on the said land. The Land Acquisition Collector in his report referred to the existence of sheds measuring '63 x 41', 30' 60', 31' x 11', store measuring 26' x 7', 18' x 18', Baranda Office, wooden godown and Mandir on the land. In his recommendation, he noted that this area falls in green belt and has been found to be closed on inspection so it is appropriate to acquire this land. Thereafter, notification under Section 6 of the Act was issued for acquisition of this land together with other land mentioned in Section 4 notification. The petitioners moved representation dated 19.02.2009 (Annexure P -7) requesting for release of land on the ground that there is a running factory and residential area on the said land. But no decision was taken on this representation.
(3.) THE petitioners, thereafter, filed CWP No. 17076 of 2009, challenging notifications issued under Section 4 and 6 of the Act. However, the said writ petition was dismissed as withdrawn with liberty to the petitioners to approach the respondent authorities on the administrative side. Thereafter, the petitioners made various representations to the authorities including to the Chief Minister for release of their land but no action appears to have been taken on the said representations. It is stated that during the pendency of the said representations, the respondent authorities demolished the structures of the petitioners existing on the said land and only a Mandir was left intact, which is still standing at the site.;