MUNICIPAL COUNCIL HANUMANGARH Vs. RAJKUMAR HISARIYA

JUDGEMENT

(1.) This writ petition has been preferred claiming the following reliefs:

(2.) As per the pleaded facts, owing to heavy flood in the Ghaggar River in the year 1995, the petitioner-Municipal Council, decided to acquire certain portion of the Khatedari land in Chak 17 H.M.H. Tehsil Hanumangarh, belonging to respondent nos.1 to 12 for the purpose of development of embankment and construction of road over such embankment; the same was accordingly acquired vide order 6/5/2000. Thereafter, the petitionerMunicipal Council agreed to allot land at Stone No.-135/267 (6), Kila No.20 in lieu of the acquired land.

(3.) Learned counsel for the petitioner submitted that the respondent nos. 1 to 12 did not file any affidavit in support of application, and thus, the said application itself was defective; hence, on that count alone, the same was liable to be dismissed.