JUDGMENT 1. - This writ petition has been filed by petitioners with prayer that notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, and award dated 01.07.2011 in respect of land of Khasra Nos.64 and 65 be quashed and set aside. 2. Learned Senior Counsel for petitioner submits that several other writ petitions were also filed questioning the aforesaid notifications and the award but the same were decided on the petitioners therein accepting the proposal of the respondent RIICO to allot them 25% developed land in lieu of compensation but in this case so far as Khasra no.65 is concerned, such a proposal may not be acceptable to petitioners as that land has been utilised by constructing Shri Krishan Kanhaiya Old Age House and a temple known as Hanuman Mandir Panch Peeth, Kamaalpur, the total area of which is 13 aire in Khasra No.65 with a hall in the size of 16x20 feet constructed with the Government aid. Petitioners submitted objections before the Land Acquisition Officer under Section 5A of the Act. 3. The stand of respondent RIICO before the Land Acquisition Officer, was that it would have no objection if the land of 13 aire of Khasra No.65 was excluded from purview of acquisition, even though the State Government without application of mind, directed issuance of declaration under Section 6 and subsequently award has been passed. 4. Learned counsel for respondent RIICO has opposed the writ petition and submitted that the petitioner ought to have accepted the proposal of the RIICO for allotment of 25% developed land in lieu of the acquired land. 5. Having regard to the fact that the Land Acquisition Officer himself has recommended in his report dated 15.06.2009 (Annexure-3) that the land of the aforesaid old age home and temple be excluded from the acquisition and the RIICO has also not objected to the exclusion of the aforesaid land and admittedly the possession of the land has yet not been taken by respondent RIICO/State Government, before examining the validity of the notifications and the award aforesaid, it is deemed appropriate to direct the State Government to consider the prayer of the petitioners for excluding the aforesaid land from the purview of acquisition in exercise of its powers under Section 48 of the Land Acquisition Act.
If the petitioners make an application, the State Government shall consider and decide the same within three months from the date it is made. Till that time status quo with regard to land of Khasra No.65 shall be maintained. However, with regard to land of Khasra No.64, it would be open for the petitioners to opt for allotment of developed land in lieu of acquired land in accordance with the award. However, if the petitioner does not wish to do so or if the aforesaid land of Khasra No.65 is not excluded from the purview of acquisition, the petitioners would be at liberty to file fresh writ petition on all the arguments raised in the present writ petition. 6. With that direction, the writ petition is disposed of. This also disposes of stay application.Writ Petition Disposed of as above. *******