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Judgment
VIKAS BAHL, J. (ORAL)
In the head note of the petition, following prayers have been made:-
“Civil Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to:
i.Provide pathway to the petitioners for egress/ingress into their 17 Kanal and 11 Marlas of land, which was left out of acquisition at the time of issuance of notification dated 12.09.2001 (Annexure P-1) under section 4 of the Land Acquisition Act, 1894.
ii.Hold that the actions of respondents in leaving the pathway for the banquet (Respondent No.9) and obstructing the land of the petitioners is totally arbitrary and untenable in the eyes of law.
It is further respectfully prayed that during the pendency of the instant writ petition, respondents be directed to allow the petitioners to use the pathways as per details given in site plan (Annexure P-5) from the 30 Mtr. wide road.”
Learned senior counsel for the petitioners has submitted that 17 kanal and 11 Marlas of land of the petitioners and other co-sharers was left out of acquisition. It is further submitted that earlier the petitioners had an access but now there is no access to the said land and they have given detailed facts with respect to their grievances in the legal notice dated 23.02.2026 (Annexure P-10) and the petitioners would be satisfied, at this stage, in case respondent No.4 considers the same in a time bound manner and if after considering the same, the pleas raised by the petitioners are found to be meritorious, then, appropriate relief be granted to the petitioners.
Learned counsel appearing for the respondents-State has submitted that respondent No.4 would consider the said legal notice dated 23.02.2026 (Annexure P-10) and decide the same within a period of three months from the date of receipt of certified copy of this order.
Keeping in view the above-said facts and circumstances, the present petition is disposed of with a direction to respondent No.4 to consider the said legal notice dated 23.02.2026 (Annexure P-10) of the petitioners and decide the same, in accordance with law, as expeditiously as possible, preferably, within a period of three months from the date of receipt of certified copy of this order and in case, after considering the same, the pleas of the petitioners are found to be meritorious, then, the appropriate relief be granted to the petitioners.
Since it has been brought to the notice of this Court that it is the Municipal Corporation which has given the contract with respect to the park which has been made in front of the land of the petitioners and the initial acquisition was done by the HSVP, thus, it would be open to respondent No.4 to seek assistance from the office of the Municipal Corporation, Panipat as well as the HSVP and in case any assistance is sought, the said departments are directed to give full assistance.
It is made clear that this Court has not opined on the merits of the case and respondent No.4 would consider and decide the matter independently, in accordance with law.