- (1.) The prayer made by the petitioners in the instant petition is for quashing notification dated 25.5.2007 (P-9), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act') and declaration dated 21.11.2007 (P-13), issued under Section 6 of the Act. A further prayer for issuance of direction to the respondents has also been made requiring them to re-survey the entire area and then withdraw notifications under Sections 4 and 6 of the Act. Still further it has been prayed that the respondents be directed to acquire the land as per the original survey plan prepared by the Government on 5.10.2004.
(2.) Brief facts of the case are that the petitioners owns land in the revenue estate of villages Nagla, Mamumajra, Kalsan, Kalsani, C.W.P. No. 2431 of 2008 Gumti and Fatehgarh Jharauli, Tehsil Shahabad, District Kurukshetra. In the year 1983-84, the State of Haryana conducted a survey for construction of a canal called as "Dadupur Nalvi Canal", starting from Dadupur Head Works, District Yamuna Nagar, which was to pass through various villages located in districts Yamuna Nagar, Ambala and Kurukshetra, including the aforementioned villages of the petitioners. It is claimed that after considering the objections raised by the inhabitants of village Nagla, Mamumajra, Kalsan, Kansani, Gumti and Fatehgarh Jahrauli, against the proposed alignment of canal, the proposal of constructing the canal and its dis tributary through the land falling in the said villages was dropped. On 25.5.2007, a notification under Section 4 of the Act has been issued for acquiring the land of the petitioners and other land owners for a public purpose, namely, Nalvi Distributory from RD 45100 feet to 110000 feet in villages Mohra, Shahpur, Kot Machhwa Khurd in Tehsil and District Ambala and Chhorpur, Mohri Samalkhi, Kaliana, Goripur, Patti Boripur, Zainpur, Shahzadpur, Nagla, Kalsani, Kalsana, Gumti, Mamu Majra, Fatehgarh Jharauli, Mugal Mazra and Jharauli Khurd in Tehsil Shahbad, District Kurukshetra (P-9). Some of the petitioners filed their objections under Section 5A of the Act for not acquiring the land in dispute with a further request to change the direction of the canal (P-10). It has been alleged that since no hearing was granted to the petitioners, therefore, they approached this Court by filing C.W.P. No. 12186 of 2007, challenging notification dated 25.5.2007, issued under Section 4 of the Act. However, on the basis of the stand taken by the respondents that the objections filed by the petitioners were under consideration, the writ petition was dismissed as withdrawn, vide order dated 24.8.2007. On 21.11.2007, declaration under Section 6 of the Act for acquiring total land measuring 137.6 acres, has been issued (P-13). The aforementioned notification under Section 4 of the Act, dated 25.5.2007 (P-9) and declaration under Section 6 of the Act, dated 21.11.2007 (P-13) are subject matter of challenge in the instant petition.
(3.) Mr. Puneet Bali, learned counsel for the petitioners has made two submissions before us. He has first pointed out from the site plan Annexure P-12 that digging of raw un-bricked channel would result into floods in the villages belonging to the petitioners, which is likely to occur on account of changing the alignment whereas the earlier alignment was more proper. According to the learned counsel the Nalvi Distributory marked by Red colour has now been proposed whereas the Green boundary of the Nalvi Distributory was the earlier alignment. According to the learned counsel changing of alignment would endanger the villages of the petitioners by floods. He has further submitted that the objections filed by the petitioners under Section 5A of the Act have not been considered.;