MOHAMMAD RAFIQ, J. - (1.) This writ petition has been filed by petitioners with prayer that notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, and award dated 01.07.2011 in respect of land of Khasra Nos.64 and 65 be quashed and set aside.
(2.) Learned Senior Counsel for petitioner submits that several other writ petitions were also filed questioning the aforesaid notifications and the award but the same were decided on the petitioners therein accepting the proposal of the respondent RIICO to allot them 25% developed land in lieu of compensation but in this case so far as Khasra no.65 is concerned, such a proposal may not be acceptable to petitioners as that land has been utilised by constructing Shri Krishan Kanhaiya Old Age House and a temple known as Hanuman Mandir Panch Peeth, Kamaalpur, the total area of which is 13 aire in Khasra No.65 with a hall in the size of 16x20 feet constructed with the Government aid. Petitioners submitted objections before the Land Acquisition Officer under Section 5A of the Act.
(3.) The stand of respondent RIICO before the Land Acquisition Officer, was that it would have no objection if the land of 13 aire of Khasra No.65 was excluded from purview of acquisition, even though the State Government without application of mind, directed issuance of declaration under Section 6 and subsequently award has been passed.;