M.M.KUMAR,J - (1.) THE instant petition is directed against the notification bearing No. LAC(P)-NTLA-99/1181, dated 16.3.1999, issued under Section 4 and declaration bearing No. LAC(P)-NTLA-2000/1593, dated 15.3.2000 made under Section 6 (Annexures P-3 & P-5) of the Land Acquisition Act, 1894 (for brevity, 'the Act'). The public purpose of acquisition is the development and utilisation of land for residential, commercial, institutional and recreational purposes in Sector 1, 2, 3, 5B, 5C and 6, Panchkula Extension (Mansa Devi Complex) under the Haryana Urban Development Authority Act, 1977 by the Haryana Urban Development Authority, in the area falling in the revenue estates of village Saketri (Hadbast No. 376) and Bhainsa Tibba (Hadbast No. 377), Tehsil and District Panchkula.
(2.) BRIEF facts of the case are that the petitioner was owner of land measuring 3 Kanals 0 Marlas, situated in Khewat/Khatoni No. 244/370, Khasra No. 69//32/3, as per jamabandi for the year 1985-86 and mutation bearing No. 1381 was entered in her favour. The land continued to be in her name in the revenue record as is evident from jamabandi for the year 2000-2001 (P-1). There was a garden on the land in question and it has been recorded as 'bagh barani' in the revenue record (P-2). On 16.3.1999, a notification under Section 4 of the Act was issued, which included the land of the petitioner (P-3). It is claimed that objections under Section 5-A of the Act were filed and request was made for release of the land on the ground that there was a garden and some construction was also raised before Section 4 notification (P-4). However, on 15.3.2000, declaration under Section 6 of the Act was issued acquiring the land belonging to the petitioner and other land owners (P-5). However, the petitioner continued making representations for release of the land [P-6 (Colly)]. On 1.7.2003, a notice was issued to the petitioner by the Land Acquisition Collector calling her to appear on 14.7.2003 (P-7). The award was announced on 9.10.2003. In Para 8 of the petition she has averred that land belonging to the influential persons has been released even after announcement of award dated 9.10.2003. In this regard it has been alleged that the land of one Maharaja, who was having one garden as well as the land falling under Khasra No. 59//5/2 Min, 6 Min, 15/1/1 Min, 60//1 Min, 10/2 Min, total measuring 9 Kanals 10 Marlas, belonging to one Shri R.S. Malik, has been released vide Memo. No. S-2-08/2382, dated 3.3.2008 (P-8).
(3.) ON 15.7.2008, when the matter came up for consideration, learned counsel for the petitioner raised the issue of discrimination by release of land of Shri R.S. Malik vide order dated 3.3.2008 (P-8) after announcement of award. On his oral request, the Division Bench permitted impleadment of Shri R.S. Malik as respondent No. 5, who has since been served and represented by counsel. Notice was also issued to the respondent State to show cause as to why order dated 3.3.2008 be not set aside.;