(1.) This order shall dispose of two petitions, namely, CWP Nos. 16832 & 17279 of 2003 because notifications acquiring the land in both cases are the same. However, facts are being referred from CWP No. 16832 of 2003. The challenge in this petition filed under Article 226 of the Constitution is to the notification dated 25.6.2002 (P-7), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act'); land acquisition notices, dated 29.6.2002 and 1.7.2002 (P-8 & P-11); Rapat Rojnamcha for the year 2001- 02 (P-9 & P-12); and declaration under Section 6 of the Act, dated 26.6.2002 (P-10).
(2.) Facts may first be noticed. The petitioners are co-owners of the land situated in the revenue estate of Village Amarheri, Tehsil and District Jind. It is claimed that on 7.7.1989, petitioner No. 1 has purchased the land in question vide registered sale deed No. 1467 and built up four houses, which abut a road leading to Jind from the village. In the aforementioned houses four sons of petitioner No. 1 and their families are residing separately. Three site plans of the houses have been placed on record (P-4 to P-6). It has further been stated that the houses are assessed to house tax by the Municipal Council, Jind and house tax is being deposited regularly by the petitioners. Besides this, electricity connections have also been provided in the said houses and in one house there is also a telephone connection.
(3.) A notification under Section 4 of the Act for acquiring 20.27 acres of land was issued by the respondent State on 25.6.2002 for a public purpose, namely, Water Works, Sector 6, Jind, in the area of village Amerheri, Hadbast No. 80, Tehsil and District Jind and village Jind, Hadbast No. 79, Tehsil and District Jind. Since the aforementioned land was urgently required, therefore, the provisions of Sub-Section (1) of Section 17 of the Act were invoked and the requirement of filing of objections under Section 5A of the Act was dispensed with (P-7). As per the requirement of Section 4 of the Act, the aforementioned notification was also published in the two daily newspapers, namely, 'Danik Pathak Paksh' (Hindi), dated 29.6.2002 (P-8) and 'the Indian Express' (English), dated 28.6.2002. On 1.7.2002, the substance of the notification was also entered in the Rapat Rojnamcha (P-9).