JUDGEMENT
AJAY KUMAR MITTAL,J. -
(1.) Prayer in this petition is for quashing the notifications dated 10.1.2011 and 8.4.2011 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, "the Act") and the award dated
8.1.2013, Annexures P.2, 4 and 6 respectively. Further prayer has been made for a direction to the respondents not to dispossess the petitioners
form their land.
(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioners
were the co -owners of the land measuring 6 kanals comprising
Rectangle No.86, Killa No.20/2 situated in Village Dharuhera, Tehsil
and District Rewari. Respondent No.2 issued notification under section
4 of the Act on 10.1.2011, Annexure P.2 proposing to acquire the land of the petitioners for a public purpose for construction of Boosting
Station of No.1 in Dharuhera, Tehsil and District Rewari. According to
the petitioners, the notification was to be published in the Village
through Revenue Patwari within a reasonable time on 10.1.2011 but the
respondents did not follow the mandatory provisions of Section 4(1) of
the Act. The petitioners were required to be afforded a period of 30
days for raising objections under Section 5A of the Act. The
respondents instead issued notification under section 6 of the Act on
8.4.2011. Thereafter, award under section 11 of the Act was passed on 8.1.2013 and in pursuance thereto, the mutation was sanctioned in favour of respondent No.3 on 24.12.2014. Hence the instant writ
petition by the petitioners.
(3.) In the written statement filed by the respondents, it has been inter alia stated that in order to ensure adequate supply of drinking
water to the residents of Dharuhera Town and nearby areas, the
respondents proposed to acquire the land for construction of boosting
station for the benefit and in the interest of public at large. It has been
further stated that the acquisition proceedings have already been
completed after following due procedure, compensation has been
deposited with the Land Acquisition officer and possession has also
been taken. On these premises, prayer for dismissal of the writ petition
has been made.;
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