Raj Rahul Garg JUDGMENT
Hemant Gupta, J.
1. The issues raised in the present writ petition are also the issues raised in the writ petitions given at the foot note of the order. However, for the facility of reference, the facts are being taken from the present writ petition itself.
2. The challenge in the present writ petition is to the notifications dated 14.08.2008 and 01.03.2012 published under Section 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act'), respectively for acquisition of land measuring 1169.98 acres in 19 villages including the land of the petitioner situated in village Nimka for the purposes of development and utilization for Master Plan Roads of Sector 75-89 as per the Development Plan of Faridabad. The petitioner has purchased the land, subject matter of acquisition vide three separate sale deeds dated 15.02.2008 and 20.02.2008.
3. Initially, notifications under Section 4 and 6 of the Act were published by invoking urgency provisions under Section 17 of the Act on 14.08.2008 and 30.08.2008 respectively. Some writ petitions were filed challenging the invocation of urgency provisions including one by the present petitioner i.e. CWP No. 7057 of 2010. Vide order dated 27.05.2011, notification under Section 6 of the Act was set aside in seven writ petitions pertaining to land measuring 31.82 acres. Liberty was given to the land-owners to file the objections under Section 5A of the Act. The Land Acquisition Collector was directed to give opportunity of hearing and then to make a recommendation as per law. It is thereafter, the petitioner submitted objections on 25.06.2011 (Annexure P-10) wherein the petitioner conveyed its no objection to acquire portion of land required for the purposes of road only but sought release of remaining land. The Land Acquisition Collector considered the objections and recommended to the State Government to the following effect:--
"This construction and Master plan is situated on the road in between Sec. 75 to 89 which should be acquired under public consideration. Decision should be taken on the higher level on account of benefit is to be given to applicant under R/R Police."
4. It is thereafter, the notification under Section 6 of the Act was published on 01.03.2012 in respect of land measuring 367 acres of village Nimka and the award of the land in question was announced on 09.08.2012.
5. In a short affidavit filed on behalf of Additional Director, Urban Estates, Haryana, Panchkula, it was pointed out that the application filed by the petitioner for grant of licence was returned on 04.07.2008 but the petitioner did not respond to the communications. It is also pointed out that the petitioner sought change of land use on 19.05.2011 which was again returned as the land was under acquisition for the purposes of sector roads. It is also pointed out that right of way for this peripheral road is 75 meters along with 30 meters wide green belt including a service road which makes the total width 105 meters. The acquisition boundary has been fixed with Killa lines to avoid unauthorized constructions/colonization by taking approach from this road. The land of the petitioner acquired beyond green belt is to be utilized for the multi-storey parking as per lay out plan which is a very important infrastructural element to cater to present day needs of urbanization. It is also pointed out that the land of the petitioner was vacant at the time of issuance of notification under Section