Hon'ble Subhash Chandra Nigam,J.
Heard Sri K.K. Arora, learned counsel for the petitioners, learned Standing Counsel appearing on behalf of respondent nos.1 to 3 and Sri Ramendra Pratap Singh, learned counsel appearing on behalf of respondent no.4.
By means of the present writ petition, the petitioners are challenging the notification issued under sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as "Act"), by which the land of the petitioners have been acquired.
Sri K.K. Arora, learned counsel for the petitioners submitted that the earlier notification issued under Sections 4 and 6 of the Act has been issued in respect of the entire village except two plots. The said notification has been challenged by means of Writ Petition No.48204 of 2009, which has been entertained and the parties were directed to maintain status-quo vide order dated 09.09.2009. Now the present notification, which has been challenged by means of the present writ petition relates to one of the plot, which has been left. He submitted that in the notification no satisfaction has been shown for dispensing with the inquiry contemplated under Section 5-A of the Act.
Sri Ramendra Pratap Singh, learned counsel appearing on behalf of respondent no.4 prays for and is granted four weeks time to file counter affidavit. Learned Standing Counsel appearing on behalf of the respndent nos.1 to 3 may also file the counter affidavit within the aforesaid period. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 15.03.2010. Connect with Writ Petition No.48204 of 2009.
Till the next date of listing, the parties shall maintain status-quo.
Order Date :- 3.2.2010 R./