Advocates:
Advocate Appeared:
For the Appellant :Mr. Rishabh Jain, Advocate
For the Respondent: Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. P.P.Chahar, Sr. DAG, Haryana

JUDGMENT :

Sureshwar Thakur, J.

Through the instant petition, the petitioners seek the quashing of notification bearing No. LAC (F)-92/NTLA/179 dated 10.12.1992 (Annexure P-1), and, also seek the quashing of notification bearing No. LAC (F)-NTLA-93/245 dated 07.12.1993 (Annexure P-3). The said notification(s) were respectively issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act of 1894') thus for the public purpose namely, development of residential Sectors 1 and 2, Palwal.

2. The principal ground as raised in the instant writ petition rather by the petitioners for theirs seeking the writ reliefs, is grounded in the factum, that the subject properties, though became raised on the disputed lands but prior to the issuance of notification under Section 4 of the 'Act of 1894' yet the acquiring authority not releasing them from acquisition.

3. Moreover, the further ground as raised in the instant writ petition rather for challenging the Annexures (supra), is rested, on the premise that the acquiring authority in not releasing the subject lands from acquisition, thereby it has breached the mandate of this Court recorded on 03.02.2012, upon CWP No. 15546 of 1995 and other connected petition(s), whereby this Court after quashing the impugned therein acquisition notification(s), rather proceeded to permit the land losers therein to retain possession over the subject lands.

4. The learned counsel for the petitioners has argued, that when there is almost close identically inter-se the notification(s) challenged in the said petition, and, in the instant writ petition, thereby but naturally the relief as became granted in the verdict (supra), is also to be accorded to the present petitioners.

5. However, for the reasons to be assigned hereinafter, the relief as claimed in the instant petition thus for quashing the notification(s) (supra), as became made respectively under Sections 4 and 6 of the 'Act of 1894', rather is not required to be accorded nor any relief relating to the petitioners being permitted to yet invoke the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter for short called as 'the Act of 2013'), thus is to be accorded to them.

6. The subject lands are comprised in Khasra Nos. 34//27 (5K-10M), 1936 (1K-12M) situated in Village Palwal, District Palwal. The said lands are stated in the reply, on affidavit furnished to the instant writ petition by the respondent concerned, to be acquired through the impugned notification(s).

7. It is also stated in the reply, on affidavit, that at the time of launching of acquisition proceedings, the subject lands were vacant and/or no construction(s) existed thereovers.

8. Furthermore, since it is also stated in the reply, on affidavit that the petitioners had filed objections under Section 5A of the 'Act of 1894', therebys seeking the making of an order for release of the subject lands/construction(s), as became raised by the petitioners, but the said objections are stated to be rejected, but after an opportunity of hearing being granted to the present petitioners, thus on the ground that the subject lands were entirely vacant at the time of issuance of a notification under Section 4 of the 'Act of 1894' and the same are required for the purpose of the development of the area. Therefore, it is contended that the order dismissing the objections, as became raised by the present petitioners against the acquisition of the subject lands/construction(s), thus is both a well informed, besides a well made order and does not require any interference.

9. Be that as it may, since it is also stated in the reply, on affidavit that the subject lands are an integral component of the layout plan besides are direly required for completing the developmental works, inasmuch as the subject lands affect not only the green belt, besides also affect the site of the 9 meter road, and also a