Surya Kant, J. - (1.) THIS order shall dispose of CWP Nos. 17794 of 2006 and 654 of 2008 as the petitioners in both the writ petitions lay challenge to same set of acquisition notifications. However, the facts are being extracted from CWP No. 17794 of 2006.
(2.) THE petitioners seek quashing of notifications dated 30.11.2004 and 28.11.2005 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, 'the Act') whereby their land situated in village Khairpur, Tehsil and District Sirsa has been acquired for the public purpose of development of residential and commercial Sectors at Sirsa, by Haryana Urban Development Authority. The above said acquisition includes the small size plots and residential houses of the petitioners also. The aggrieved petitioners have approached this Court inter alia contending that the acquisition is for the residential and commercial Sectors and they have already utilized their respective piece of land for that very public purpose, namely, by constructing residential houses. In support of their plea, the petitioners place reliance on photographs (Annexures P -1 to P -7).
(3.) THE fact that the petitioners constructed their respective residential houses before issuance of Section 4 notification has been admitted by the respondents in para 2 of the reply on merits of the written statement dated 18.01.2007 which reads as follows: - That the contents of para No. 2 of the Civil Writ Petition are wrong hence denied. The disputed land does not exist in the midst of thickly populated area moreover it exist in the scarcely habituated area. Although the construction on the disputed land was existing before the notification u/s. 4 of the Act yet it cannot be released because the disputed land exists in the midst of important development plan hence it cannot be adjusted in the development plan of the Sector. The petitioners will be awarded fair and adequate compensation as per prevailing market price in lieu of their land and buildings. Hence plea taken by the petitioners is not tenable.;