Advocates:
Advocate Appeared:
For the Appellant :Mr. Shobit Phutela, Advocate, Mr. Hanarveer Sharma, Advocate, Ms. Sanya Kapoor, Advocate
For the Respondent:Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. P.P.Chahar, Sr. DAG, Haryana and Mr. Saurabh Mago, DAG, Haryana. Mr. Deepak KSabherwal, Advocate for Mr. Rajesh K. Sheoran, Advocate Mr. Puneet Bali, Senior Advocate with Mr. Prateek Rathee, Advocate and Ms. Bhawna Chaudhary, Advocate

JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioners claim that the hereinafter extracted reliefs be accorded to them.

" i) Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of the notification dated 12.12.08 (P-6) u/s 4 of the Act 1894 vide No. LAC (G) NTLA- 2008/1483 and declaratory notification dated 11.12.09 (P-9 u/s 6 of the Act 1894 vide no. LAC(G) NTLA-2009/1525 and award no.40 dated 23.11.11 (P-10) qua land falling in khewat no.1065 khatoni no.1176 mustil no,14//l 1/2/2 (5K-4M chahi), 12/2 (7-12 chain) total measuring 12K-16M (notified for acquisition 8K-14M for for commercial belt along southern peripheral road in Sector 62,65 & 66 at Gurgaon as per development plan) as per jamabandi for the year 2005-06;

AND ALSO

ii) For issuance of a writ in the nature of certiorari for quashing the notification dated 15.4.11 (P - 11) u/s 4 of the Act 1894 vide No. LAC (G) NTLA-2011/1614 and declaratory notification dated 10.4.12 (P - 13) u/s 6 of the Act 1894 vide no. LAC (G) NTLA-2012/2776 and award no.45 dated 27.2.13 (p - 14) whereby land of the petitioners falling in kliewat no. 1065 kliatoni no.1176 mustil no.l4//ll/2/2 (5K - 4M chahi), 12/2(7-12 chahi) total measuring 12K - 16M (notified for acquisition 4K - 7M for 30 mtr. Road widening and 30 mtr. Green belt along southern peripheral road at Gurgaon as per development plan);

AND CONSEQUENTLY

iii) For quashing of the letter Endst.No.CTP/SB/224309 dated 28.11.17 (P-19) issued by CTP, HUDA (respondent no.7) whereby above acquired land measuring 8K-14M in the first phase for development of coimnercial belt as per development plan of HUDA (P-6, P-9 & P-10) AND land measuring 1K-2M acquired in the second phase for green belt etc. has been transferred in favour of the builder namely M/s SU Estate (respondent no.10) by showing the same to be exchanged with other piece of land belonging to respondent no.10;

Also for the reason that the said exercise of power in two different phases (ibid) would show complete malafide and colourable exercise at the behest of the official respondents, who have acted on behalf of the private building (respondent no.10) at the cost of the interests of petitioners by acquiring the same under the garb of public purpose; AND

iv) For issuance of a writ in the nature of certiorari to quash the registration of FIR No.0056 dated 2.2.18 (P-22) u/s 147, 148, 149, 323, 447, 506 IPC P.S. Badshapur District Gurugram and subsequent proceedings thereto, got lodged at the instance of respondent no.10 maliciously and in connivance with the local police i.e. respondents no.8 & 9 as the petitioners were forcibly dispossessed and confronted with the criminal case;

AND

v) For issuance of a writ in the nature of mandamus for holding some independent enquiry/ investigation as to how and under what plan and conspiracy land of the petitioners is acquired under the umbrella of public purpose and then same is transferred to the private builder i.e. respondent no.10 and then to further pressurize the petitioners by involving them in criminal case (P-22);

AND/OR

vi) For issuance of any other order or direction which this Hon'ble Court may deem appropriate in the peculiar facts and circumstances of the present case, including the restoration of physical possession to the petitioners by granting the damages/ compensation as per law, in the interest of justice;

AND

For staying further proceedings in consequence to the letter dated 28.11.17 (P-19) and FIR No.56 dated 2.2.18 (P-23), during the pendency of the present petition before this Hon'ble Court."

2. The espousal for rendition of the above prayers becomes grounded in the hereinafter extracted submissions.

i) That the acquiring authority has arbitrarily and capriciously, and/or, through adopting a pick and choose policy, taken to acquire the subject lands, inasmuch as, despite the land of corespondent No. 10, becoming made a part of t