Mr. Surya Kant J.: - This order shall dispose of CWP No.14006, 24033 & 25737 of 2013 as the same set of notifications issued under the Land Acquisition Act, 1894 are under challenge in these cases broadly on similar grounds. For clarity, the facts of each case are being noticed separately.

CWP No.14006 of 2013

2. The Five petitioners in this case are residents of village Badshapur, Tehsil and District Gurgaon. They seek quashing of notifications dated 2nd June, 2009 and 2nd June, 2010 issued under Sections 4&6 of the Land Acquisition Act, 1894 (in short, ‘the 1894 Act’) in respect of their land measuring to a total of 16K-10M, fully described in para No.3 of the writ petition which has been acquired for development and its utilization for “Residential sector 58 to 63 and Residential commercial Sector 65 to 67 at Gurgaon as shown in the development plan under the Haryana Urban Development Authority Act, 1977 by the Haryana Urban Development Authority…”.

3. The petitioners while seeking the release of their acquired land have also prayed for summoning the record of the lands which have been released after the issuance of one impugned notifications or the other.

4. Vide Section 4 notification dated 2nd June, 2009 (Annexure P1), approximately 1400 acres of land, of various villages, namely, Badshapur, Behrampur, Nangli Umarpura, Tigra, Ullahwas, Kadarpur, Ghatta and Medawas, Tehsil Sohna, District Gurgaon, was proposed to be acquired for the above-mentioned public purpose. However, while issuing the declaration under Section 6, the total area was reduced to about 800 acres only. Finally, the award dated 29th May, 2012 was passed for less than 87 acres of land only. This acquired land also includes the petitioners’ land, briefly mentioned in para 2 of this order.

CWP No.24033 of 2013

5. The six petitioners in this case are residents of village Ghata, Tehsil Sohna, District Gurgaon. Their land measuring 25K- 18M situated in the revenue estate of village Ghata, fully detailed in para 3 of the writ petition, has also been acquired vide the impugned notifications. In addition to reiterating the grounds taken by the writ petitioners in CWP No.14006 of 2013, the petitioners in specific rely upon the photographs (Annexure P15) to substantiate their plea that they had constructed their residential houses many years ago and had since been living there with their families. These houses have not been spared from acquisition notwithstanding the Government policy dated 26th October, 2007 on the subject. The petitioners further allege discriminatory acquisition of their land and houses as a result of mala fide and colourable exercise of power.

CWP No.25737 of 2013

6. The two petitioners are sons of Aulakh Ram r/o Village Baharampur, Tehsil Sohna, District Gurgaon. Their land measuring 19K situated in the revenue estate of Village Ullahwas, Tehsil Sohna, District Gurgaon fully detailed in para 3 of the writ petition has been acquired vide the impugned notifications. In addition to the grounds taken in the above described two writ petitions, the petitioners in the instant case have questioned the acquisition of their land on the ground that the same is being used by them for residential purposes as also for rearing the domestic animals, but for which they are left with no other land. It is alleged that the petitioners would be left with no source of sustenance if their land is taken away. It is also their case that after issuance of the notification regarding extending the lal dora area (periphery of the village), the subject land falls within the abadi deh of the village and cannot be acquired.

7. Since the grounds pleaded by the petitioners to attack the subject acquisition are largely similar to those taken in the first case, no separate reply was sought from the respondents and all the cases were taken up together for final hearing with the consent of counsel for the parties.

8. The issues of paramount importance raised on behalf of t