Rakesh Kumar Jain, J. - (1.) The petitioners have assailed the validity of order dated 25.10.2011 passed by respondent No. 2 and prayed for the issuance of directions to the respondents to deliver possession of the shops allotted to them in Civil Hospital boundary at Rohtak.
(2.) In nutshell, six shops, which were located at the junction of Hisar -Bhiwani road, were let out by the Municipal Council, Rohtak -respondent No. 3 on rent by way of an auction out of which four shops were let out on 25.8.1999 and two on 10.1.2000. Petitioner No. 1 was allotted shop No. 1, petitioner No. 2 was allotted Shop No. 2 and 5, petitioner No. 3 was allotted Shop No. 3, petitioner No. 4 was allotted Shop No. 4 and petitioner No. 5 was allotted Shop No. 6. Petitioners deposited Rs. 30000/ - for each shop as security.
(3.) The Department of PWD (B&R) decided to construct a Railway Over Bridge on Rohtak -Bhiwani road on Delhi Bathinda Railway line at 61 KM near Ramlila Ground with the assistance of Railways to fulfil the long standing demand of the people of Rohtak. Before the construction site was surveyed, it was found that some additional land was required for the construction of Railway Over Bridge to provide service road on both sides of Railway over Bridge and decision was taken to acquire additional land on both sides of the road for which a Notification under Sec. 4 of the Land Acquisition Act, 1894 (for short "the Act") was issued on 07.07.2007. It was mentioned in the Notification that there are three shops bearing No. 107/2, 107/2/1 and 107/3/2, which were constructed by the Municipal Council (now Municipal Corporation, Rohtak) but the Notification dated 07.07.2007 was de -notified on 19.5.2008 pertaining to aforesaid three shops, as the land on which shops were constructed by the M.C, was belonging to the department of PWD (B & R), which was unauthorizedly encroached upon by the M.C.;