M.M. Kumar, J. - (1.) IN this petition filed under Article 226 of the Constitution the prayer made is for quashing the notification dated 20.6.2005 (Annexure P.4), notification dated 19.6.2006 (Annexure P.6) as well as the notice dated 7.2.2007 (Annexure P.7) under Section 9 of the Land Acquisition Act, 1894 (for brevity 'the Act') being totally arbitrary, illegal and unjust.
(2.) VIDE notification dated 20.6.2005 (Annexure P.4) the State of Haryana proposed to acquire land measuring 295.14 acres of land falling under Hadbast No. 75, Village Wazirabad, Tehsil and District Gurgaon and 162.40 acres of land falling under Hadbast No. 76, Village Haiderpur Viran, Tehsil and District Gurgaon for public purposes namely for the development and utilisation of land for residential, commercial, institutional and open spaces for Sector 52A, 53 and 54 at Gurgaon under the Haryana Urban Development Authority Act, 1977 by the Haryana Urban Development Authority. Objections, if any, were to be filed within 30 days. The petitioner filed detailed objections under Section 5A of the Act within time. It is averred that without deciding the objections and granting an opportunity of being heard, the respondents on 19.6.2006 issued notification (Annexure P.6) under Section 6 of the Act. Learned Counsel for the petitioner has urged that although the notifications purports to acquire large chunk of land but the petitioner's land measures only 1 Bigha 11 Biswas 1 Biswansi. The petitioner has constructed ''A '' Class pucca construction about 50 years back, on his share of land, which consists of 28 living rooms, 3 cattle sheds, one old tube well and one Gobar Gas Plant. There are more than 25 members in the family of the petitioner and he is one of the oldest inhabitant in the village. The petitioner's forefathers has raised the construction by spending lifetime savings and therefore learned Counsel prays that these construction and area be excluded from acquisition. It is further asserted that despite objections having been filed under Section 5A of the Act, no orders have been passed thereon.
(3.) WE have heard the learned Counsel for the parties.;