- (1.) Jasbir Singh, J. - Petitioner has filed this writ petition with a prayer to issue a writ of certiorari to quash notification under Section 4 of the Land Acquisition Act, 1894 (in short the Act), Annexure P/2 dated 6.7.1981, to quash notification under Section 6 of the Act, Annexure P/4 dated 25.6.1982. Prayer is also to quash the Award passed by the Collector, Annexure P/5 dated 21.9.1986.
(2.) It is necessary to mention here that initially, writ petition was filed through Om Parkash Sharma, who died during pendency of this writ petition and his legal heirs were brought on record.
(3.) Briefly, it is case of the petitioner that he alongwith other family members is the owner/co-sharer in land bearing khasra Nos. 45//9/1, 10, 11/1, 20/1, total measuring 5.60 acres, situated in village Dundahera, Tehsil and District Gurgaon. Originally, father of the petitioner Shri Jag Ram was owner of the said land and after his death, the petitioner alongwith his sisters and brothers became owner of the same. It is case of the petitioner that in the year 1978, the respondent-State issued a notification under Section 4 of the Act, to acquire land measuring 246.2 acres, which includes land of the petitioner. On objections being filed under Section 5-A of the Act, land of the petitioner was excluded from acquisition and no declaration under Section 6 of the Act was issued with regard to above mentioned land. Petitioner has further contended that when previous notification issued under Section 4 of the Act had lapsed, he made arrangements for setting up an industry in the aforesaid land. In the meantime, the respondent-State again issued notification under Section 4 of the Act on 6.7.1981 (P/2), proposing to acquire land of the petitioner alongwith other lands of village Dundahera for a public purpose, namely, for the development of an industrial estate in Gurgaon. The petitioner, alongwith his co-sharers, filed objections under Section 5-A of the Act (P/3), before the Collector. Those objections were never decided and subsequent thereto, declaration under Section 6 of the Act, was issued on 25.6.1982, to acquire 299.5 acres of land, including land of the petitioner. Thereafter, the Collector issued notices under Sections 9 and 10 of the Act, which were never received by the petitioner, however, the petitioner, after inspecting the record, filed objections against those notices also. The Collector, thereafter, passed Award regarding 165.72 acres of land, which did not include land of the petitioner. After sometime, another award with respect to 110.7 acres of land was pronounced. Subsequent thereto, on 21.9.1986, award with respect to 2.60 acres of land of the petitioner (P/5) was passed by the Collector. At that stage, the petitioner filed this writ petition.;