JUDGMENT Mr. Surya Kant, J. (Oral):- The petitioners impugn the notification dated 01.03.2012 issued under Section 6 of the Land Acquisition Act, 1894, to the extent of accusation of their land measuring 9 kanals 7 marlas, situated in the revenue estate of Village Murtzapur, Tehsil and District Faridabad. The above said land has been acquired for the purpose of construction of Master Plan Roads of Sectors 75 to 89, along with service roads, in the Urban Estate of Faridabad. 2. The petitioners impugn the subject acquisition, inter alia, on the grounds that: i) Their land falls in Sector 73 and not in the above said sectors where the roads are to be developed; ii) The land has been acquired for extraneous reasons so as to release the same in favour of the private builders; iii) Their land does not fall within the road alignment; iv) In any case, the part of their land is not required for any Master Plan Roads or the service roads. 3. The State of Haryana has filed written statement maintaining that the land of the petitioners has been acquired for a bona fide public purpose and the same shall be utilized for the construction of Master Plan Roads or the service roads abutting thereto. 4. In support of the above said plea, a revised circulation plan of Sectors 75 to 79 and 80 to 89 of Faridabad is also relied upon. 5. We have heard learned counsel for the parties and have gone through the record, including the site plan. 6. It is true that as per the averments made in the written statement, duly supported with the site plan, the land of the petitioners is located on the alignment of the Master Plan Road, dividing Sector 73 and Sector 76. It further appears that as per the said site plan, a strip of the petitioners’ land is needed for the service road also. 7. Since the acquisition has been made for the construction of sectoral roads of the newly developed urban area, we are of the considered view that the same is for a bonafide public purpose and no fault can be found with such acquisition except to say that no part of the petitioners land shall be released in favour of any private builder and the same shall have to be utilized for the notified public purpose, or any ancillary purpose thereto. 8.
8. Learned counsel for the petitioners, however, submits that if the location of the road is re-demarcated/re-surveyed, it would reveal that the petitioners’ entire land is not needed for the above said purpose. 9. Having noticed the above stated rival submissions, it appears that the same can be effectively resolved by directing the respondents to carry out a fresh demarcation of the alignment of the road dividing Sectors 73 and 76, in the presence of the petitioners. 10. Suffice it to observe that if it is found on re-demarcation that the entire land of the petitioners is not needed for the above mentioned public purpose, the desirability of releasing the land which is not to be utilized for any public purpose, deserves consideratin by the competent authority. 11. For the above stated reasons, we dispose of the writ petition with a direction to the Land Acquisition Collector and District Town Planner, Faridabad, to send a notice to the petitioners, at lease one week in advance, fixing the date and time of the re-demarcation of the site, which shall then be carried out in the presence of the petitioners, or their representatives. 12. The further consequential action, in terms of the observations made hereinabove, shall thereafter be taken within a period of one month. ---------0.B.S.0------------