(1.) Petitioner seeks a writ in the nature of Certiorari for quashing notification under section 4 and follow up declaration issued under section 6 of the Land Acquisition Act, on 26.6.1989and 25.5.1990 respectively. In the alternative, her prayer is that in so far as her land which is developed orchard has temple and B class residential structure be exempted from the array of acquisition. It is averred that the petitioner is owner of 9 kanals 6 marlas of land comprised in khasra numbers mentioned in Para 2 of the petition situate in village Panna Madanpur, Tehsil Kalka abutting on the main Panchkula-Delhi Highway at a distance of 5 kilometers from Panchkula. It is also averred that the petitioner spent considerable amount to develop this land into an orchard and nursery. It is also averred a Shiv Temple and B class residential structure are in existence on the land of the petitioner since 1985. With a view to fortify the aforesaid fact, the revenue record has also been attached with the petition. It is also made out that survey that was done and the plan so prepared shows that B class residential structure has been made by the petitioner on the land belonging to her. It also shows that there exists a temple and a tube well. There are number of other grounds pleaded in the petition for exemption of the land of the petitioner from acquisition but the only ground which has been strenuously pressed is that it is the policy of the government not to acquire the constructed portions that came to be so constructed prior to the issuance of notification under section 4 of the Land Acquisition Act. By way of separate application, it has also been pleaded that the land of the petitioner was inspected by the Land Acquisition Collector and a recommendation was made to the government that the same be released from acquisition. A copy of recommendation Annexure P-7 has been placed on the records which reads thus :-
(2.) It is also stated in the application aforesaid that the portion of land belonging to Shri Tikka Jagjit which, too, had religious sanctity inasmuch as a "Samadhi" was constructed therein was released from acquisition and that being so the petitioner was discriminated as in similar facts and circumstances, her area is sought to be acquired even though there are recommedenations of Land Acquisition Collector to release the same.
(3.) This petition has been contested and written statement has been filed on behalf of the State. It is pleaded by way of preliminary objection that the land of the petitioner including structures and construction etc. has already been acquired vide award dated 17.6.1992 though the possession of the land has not been taken and that being so, the petitioner has no cause of action to file the petition. It is also pleaded that notifications under sections 4 and 6 of the Act were issued on 26.6.1989 and 25.5.1990 and therefore, the petition is bad on account of delay and laches. In so far as merits of the case are concerned it is not disputed that the petitioner had constructed B class residential house, a "Samadhi" although it is pleaded that it is the discretion of the Government depending upon various circumstances to leave the constructed portion or not. In so far as the averment of the petitioner with regard to leaving of land of Tikka Jagjit Singh is concerned, the fact has been admitted.