- (1.) The petitioner prays for the issuance of a writ of certiorari for quashing the notification, dated 22.9.2006 (Annexure P-3), issued under Section 4 read with clause (C ) of sub section (2) of Section 17 of the Land Acquisition Act, (for short herein after referred to as "the Act"), as also the notification, dated 11.10.2006 (Annexure P-3/A), issued under Section 6 of the Act.
(2.) The State of Haryana issued a notification, under Section 4 read with clause (C ) of sub section (2) of Section 17 of the Act, to acquire land for the construction of Wazirpur Link Drain from RD 0 to 400 and for the construction of Wazirpur Sub Link Drain RD 0 to 15300 out falling RD 2000 of Wazirpur Link Drain Jahazgarh, Baghpur, Beri Khas and Wazirpur, Tehsil Beri and District Jhajjar. The above notification was followed by a declaration, dated 11.10.2006, issued under Section 6 of the Act.
(3.) Challenge to the aforementioned notifications has been primarily laid on the pleas that the substance of the notifications were not published in the locality, in accordance with the provisions of Section 4 of the Act. The alignment of the drain, as proposed, is mala fide, and has been demarcated with the object of saving the holdings of land owners, whose land was to be acquired, in the original scheme, notified in 1985-86, and that the public purpose, sought to be achieved is not so urgent as to warrant the invoking of urgency provisions of Section 17 of the Act.;