- (1.) The petitioners have prayed for quashing notification dated 27.11.2003 (P-1), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act') and declaration dated 24.11.2004 (P-3), issued under Section 6 of the Act. The petitioners have claimed that they are owner in possession of land comprised in Khewat No. 323, Khatoni No. 371, Khasra No. 42/4 (1-15-0), measuring 200 Sq. Yards, situated in the revenue estate of Village Islampur, Tehsil and District Gurgaon. It has been further claimed that the petitioners have electricity domestic connections installed by C.W.P. No. 3174 of 2006 the DHBVN Limited, Gurgaon. Still further it has been claimed that the petitioners have constructed a big residential house on the land in question, which consists of 8 rooms, veranda, latrine, bathroom, kitchen, cattle-shed, boundary wall with iron gate. They have a big family consisting of 8 family members who are residing in this house and also having Ration Card No. 960787.
(2.) When the matter came up for consideration on 2.3.2006, dispossession of the petitioners was stayed by a Division Bench in terms of the order passed in a similar writ petition bearing CWP No. 8224 of 2005.
(3.) During the pendency of the petition, the claim made by the petitioners for release of land has been considered by the State Government. To that effect, an affidavit of the Land Acquisition Collector, Gurgaon, has been filed along with Annexure R-1 disclosing that the prayer made by the petitioners for releasing the land from acquisition could not have been acceded to, inasmuch as, the land belonging to the petitioners falls in green belt and service road.;