The court emphasized that the petitioners' claims lacked merit as no land was released in favor of private builders, and the petitioners' grievances were based on disputed questions of facts.

JUDGMENT

Ravi Shanker Jha, C. J. - The petitioners have filed instant writ petition seeking issuance of writ in the nature of Certiorari for quashing the notification dated 17.09.2004 and 27.10.2004 issued under section 4 and section 6 of the Land Acquisition Act 1894 in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as more than 5 years have passed since the announcement of award on 21.02.2006 (in the prayer clause, it is wrongly claimed to be of 21.02.2006 whereas it was announced on 09.03.2006) and physical possession of the land till date continues to remain with the petitioners, coupled with the fact that once the urgency clause is already been quashed by this Court in Civil Writ Petition No. 17108 of 2004 titled as Tara Chand and others Vs. State of Haryana and others since under the garb of public purpose, the land of the petitioners is being acquired to sub serve and accommodate the needs of the private builders by the official respondents. Further, the petitioners have sought quashing of the order dated 09.04.2013 passed by the respondents thereby rejecting the representation filed by the land owners/petitioners.

2. In total 92 petitioners have approached this Court by filing the instant writ petition and have stated themselves to be owners of the land situated in Khewat Nos. 25, 26, 27, 28, 36 and 37 in Village Lakhnaula, Tehsil and District Gurgaon. The land of the petitioners was notified for acquisition vide notification dated 17.09.2004 issued under Section 4 read with Section 17 (2)(c) of the Land Acquisition Act, 1894 for the public purpose namely for setting up of Chaudhary Devi Lal Model Township, Phase-V, Manesar, to be planned and developed as an integrated complex for Industrial, Institutional, Commercial, Recreational and other public utilities on land measuring 956 acres 5 kanal 18 marla of villages Nabada Fatehpur, Naurangpur, Manesar, Lakhnoula, Naharpur Kasan and Shikopur, Tehsil and District Gurugram. The landowners were put under the psycho fear of losing title over the lands by being paid a paltry compensation at Government rates and in the year 2005 they were induced to enter into distress sale in favour of private builders. The award for the acquired land was announced on 09.03.2006 and the petitioners in the instant writ petition were compelled for accepting the compensation, which they are willing to return as the actual physical cultivating possession of the land remains with the petitioners only. In the meantime, the landowners/petitioners challenge the notification issued under Section 4 by invocation of urgency clause under Section 17 of the Act of 1894 by filing Civil Writ Petition No. 7654 of 2006 and 6892 of 2006 which was disposed of by this Court in a bunch of 84 writ petitions vide order dated 16.04.2009 with leading case being Civil Writ Petition No. 17108 of 2004 titled as Tara Chand and others Vs. State of Haryana and others. This Court had categorized the writ petitions in four different categories, the writ petitions filed after the announcement of the award and by the petitioners who have received the compensation were dismissed. Further, the petitions were the land were purchased after issuance of notification under Section 4, were also dismissed and the other petitions which were not falling in the aforesaid categories were allowed as the notifications issued under Section 4 and Section 6 of the Act of 1894 were quashed and State of Haryana was given liberty to initiate fresh process of acquisition after applying with the provisions of the land Acquisition Act, 1894. The said order was assailed before the Division Bench of this Court by State of Haryana in Letters Patent Appeal No. 504 of 2010 and other connected appeals, which was disposed of vide common judgment dated 28.01.2011 thereby, g