JUDGMENT

Sanjiv Berry, J.

Vide this order two identical writ petitions filed under Article 226/227 of the Constitution of India, bearing No. 8818 of 2021 and 11569 of 2021 are being disposed of having been filed by the respective petitioners seeking issuance of writ of certiorari for quashing of the impugned notice dated 10.03.2021 (Annexure P-11) passed by respondent No.2 under Sub- Section 26 of the Control of National Highways (Land & Traffic) Act, 2002 and further not to acquire or demolish the construction of the petitioner in killa numbers 2405//2/2/1/1 (in CWP No. 8818 of 2021) and 2360//2 Min (in CWP No. 11569 of 2021) situated in in Village Pauli, Tehsil Julana and District Jind.

2. Briefly stated the facts pleaded by the petitioners are that they are owner and in possession of the land in question having been originally allotted by the Gram Panchayat being the landless persons and mutation to this fact was sanctioned as Annexure P-2, whereon the petitioners raised construction of their houses. It is pleaded that vide Gazette Notification dated 22.07.2012 (Annexure P-5) issued under Section 3(A) and Sub-Section(1) by Government of India, the land was acquired for construction of four lane road of National Highway No.71. The land of village Pauli was shown in the Gazette Notification, which was published in newspaper. The land mentioned in the Notification dated 22.07.2012 was acquired. Respondents demarcated the land and marked the site of the killa number 2405//2 and 2360//2 and some portion of the houses of the petitioners which was shown in the road and respondents made compensation up to the mark of the respective houses and the petitioners removed their houses upto that mark. Thereafter, the petitioners reconstructed the houses after giving up the portion of acquired plot. The respondents only paid compensation to the material of the houses and no compensation of land has been received by the petitioner. The release deed and mutation was sanctioned in the name of the petitioners after the notification and acquisition.

3. It is averred that Respondent No.2 issued notice dated 25.06.2020 (Annexure P-8) for removal of unauthorized occupation/access to the petitioners in Killa number 2405//2 and 2360//2 in village Pauli, but having no concern with these numbers, the petitioners did not reply to the said notices as their houses were in Killa No. 2405//2/2/1/1 and 2360//2/1/3 respectively. Petitioners and other co-habitats moved applications requesting respondents to construct four lane road extended toward the eastern side of the abadi deh of the village/road for which sufficient land was available and respondents department will not require to pay compensation as the same belongs to Panchayat, However, without following legal procedure, respondents issued notices on 10.03.2021 to the petitioners calling upon them to remove their unauthorized construction on the highway. Petitioners objected to the notice dated 10.03.2021 but no action had been taken by the competent authority and as such the instant writ petitions have been filed against the illegal and arbitrary act on the part of the respondents.

4. On notice, the categoric stand of the respondents had been that the petitioners have not come to the court with clean hands and no cause of action has arisen. It has been submitted that the project of widening of NH-71, four laning thereof etc. on Rohtak-Jind section was started in the year 2012-2013 after notification under Section 3A of the Act, it was widely published, claims invited and the competent authority announced the award on 1.10.2013 in respect of the Notification dated 04.07.2012 under section 3A(i) of the NAT