SURYA KANT, J. - (1.) THIS writ petition seeks quashing of the notifications dated 10.1.1983 (Annexure P-1) and 7.1 .1983 (Annexure P-4), issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (in short the Act) respectively, whereby land measuring 242.73 acres of village Jharsa, District Gurgaon, including that of the petitioners, has been acquired for the development of institutional area in Sector 32, Gurgaon.
(2.) AS per the petitioner's case, they are the owners of land measuring 123 kanal 4 marla situated within the revenue estate of village Jharsa, Tehsil and District Gurgaon. They are stated to have constructed a Mandir (temple), besides a Samadh of their ancestors, surrounded by a garden having a Dharamshala and Piao (drinking water facility for the general public and cattle). The petitioners have averred that they have also constructed a residential house, farm-house and quarters for their servants and sheds etc. over the above mentioned land. The State of Haryana issued two notifications under section 4 of the Act on 10.1.1983 (Annexure P-1 and P-2) whereby it decided to acquire land measuring 288.31 acres of village Jharsa for utilization by the Haryana Urban Development Authority (HUDA) for development as residential and commercial area in Sectors 31 and 32-A of Gurgaon as well as another chunk of land measuring 300.32 acres for development of institutional areas in Sector 32-A Gurgaon by HUDA. The aforesaid notifications included the land owned by the petitioners.
(3.) THE petitioners submitted their objections under Section 5-A of the Act, inter-alia, alleging that more than 4 acres of their land was being utilized for religious purpose; there are fruit trees in another portion of the land and another part thereof was being utilized for their residential purposes or servant quarters. The State of Haryana, however, issued the notifications dated 7.12.1983 (Annexures P-3 and P-4) whereby land measuring 67.31 acres was acquired to develop residential and commercial areas in Sector 32-A, Gurgaon and land measuring 242.73 acres was acquired for development of institutional area in Sector 32 Gurgaon.;