Surya Kant, J. - (1.) THIS order shall dispose of CWP Nos. 3163, 5086, 5087, 5094, 5096 & 5100 of 2014 as common questions of law and facts are involved in these cases. The facts are being extracted from CWP No. 3163 of 2014.
(2.) THE petitioner impugns the notifications dated 03.05.2012 and 01.05.2013 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (in short, 'the Act'), respectively as well as the order dated 28.01.2014 (Annexure P8) rejecting his claim for the release of acquired land/property. The petitioner's land described in para 2 of the writ petition forms part of the acquisition carried out vide the impugned notifications whereby more than 77 acres land has been acquired for setting up a New Grain Market at Mohindergarh.
(3.) THE aggrieved petitioner earlier approached this Court in CWP No. 10651 of 2013 and other connected cases which were disposed of vide order dated 15.07.2013 observing as follows: - 9] From the photographs coupled with the site plan Annexure P -16, it does appear that there are scattered residential houses on a part of the acquired land. In the light of the Government policy dated 26.10.2007 (Annexure P -3) relied upon by the petitioners, moreso when the Land Acquisition Collector has also recommended exemption of the land from acquisition, we are of the considered view that the claim of the petitioners requires dispassionate and objective consideration at the hands of the Competent Authority. 10] The Court does not possess the expertise to choose the site for setting up the new grain market nor the petitioners can be made judge of their own cause for the selection of site. None -the -less, the offer given by them for acquisition of another chunk of land which is stately less than one kilometer away from the present site, deserves serious consideration by the Competent Authority provided that the new site fulfills such defined parameter. 11] For the reasons afore -stated, we dispose of these writ petitions with a direction to respondent No. 1, namely, the State Government, to re -consider the matter in the light of the observations made herein -above and the plea taken by the petitioners in their writ petitions and take a holistic view while passing the speaking order after giving hearing to the affected persons in representative capacity, before taking the decision. We shall appreciate if the decision is taken by the State Government as early as possible and preferably within a period of three months from the date of receiving a certified copy of this order.;