KAJAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of all the above captioned writ petitions, as in all these cases, the question of fact and law, which arises broadly for consideration is same. By way of the present writ petitions, the petitioners seek to invoke jurisdiction of this Court under Article 226 /227 of the Constitution of India, assailing notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') dated 07.07.2011 and notification under Section 6 of the Act dated 06.07.2012.

(2.) The brief facts of each case are as follows:- CWP No.16618 of 2014

(3.) The case of the petitioner is that she is the co-owner in possession of the land measuring 1 Kanal 5 Marlas out of the land bearing Killa No.128//11/2/2(3K-12M), situated within the revenue estate of Village Jhajjar, Tehsil and District Jhajjar, which was purchased by her, vide sale deed dated 01.01.2010 for valuable consideration of Rs.18,90,000/-. She constructed her residential house and one shop in the said land in the same very year. Then, she started her business in the name and style of Jai Durge Marble House in the said premises. Lateron, she also constructed one godown and two other shops in the said land. The State Government issued notification under Section 4 of the Act dated 07.07.2011 for the acquisition of the land including the aforesaid land, for the purpose of development and utilization of residential Sector 10, Jhajjar. On this, the petitioner filed objections before the competent authority to release her residential house along with three shops and one godown from the acquisition. The said construction was raised by her much prior to issuance of notification dated 07.07.2011. However, the objections raised by the petitioner were brushed aside without assigning any reason. The State Government issued notification dated 06.07.2012 under Section 6 of the Act. The petitioner has also challenged order dated 09.05.2014 passed by the Secretary-cum-Director General, Urban Estates Department, Haryana, vide which, the request of the petitioner for release of her land from acquisition was rejected, arbitrarily and in violation of the State Government polices dated 30.09.2007 and 24.01.2011.