- (1.) The petitioners have invoked the writ jurisdiction of this Court for quashing of notifications dated 26.09.2007 (Annexure P-13) and 25.09.2008 (Annexure P-14) issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act') respectively as well as Award dated 24.09.2010 (Annexure P-15).
(2.) The sole grievance of the petitioners is that there existing residential houses over an area measuring 1 Kanal 10 Marla purchased by the petitioners in the year 2002. Therefore, in terms of the Policy of the State Government, such construction is liable to be exempted from acquisition. Earlier the petitioners filed CWP No.1709 of 2015 before this Court, which was dismissed as withdrawn on 30.07.2015 with liberty to file fresh petition on the same cause of action. The Court observed that the issue with regard to delay and laches in approaching the Court after 5 years would also be examined at that stage.
(3.) The petitioners have not filed any objections to the notification published under Section 4 of the Act on 26.09.2007. In fact, the petitioners averred to the following effect: "9. That a survey was conducted and in the survey, the houses of the petitioners were also noted. Therefore, the officials who were conducting survey told to the petitioners that the petitioners need not to worry as their houses which were existing prior to 26.09.2007 shall not be acquired. Therefore, petitioners did not even submit the objections.";