GURDEV KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant petition, the petitioners seek the quashing of notification bearing No. 6/9/2000-1 HGI/501 dtd. 23/1/2004 (Annexure P-6), and, also seek the quashing of notification bearing No.6/02-2005-1 HGI/437 dtd. 18/1/2005 (Annexure P-7). The said notification(s) were respectively issued under Ss. 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act of 1894'). The consequent thereto award bearing No. 494 dtd. 26/12/2006, has also been asked to be quashed, and, set aside.

(2.) The above espoused writ claims become founded upon the provisions of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter for short called as 'the Act of 2013'), whereunders the petitioners become empowered to claim the making of a lapsing declaration.

(3.) Further, a prayer is made for directing the respondents to not oust the petitioners and their family members from residential house No. 91 falling in Khasra No. 255 situated within the phirni of village Mauli Baidwan, Tehsil and District SAS Nagar, Mohali, in view of rehabilitation/relocation policy dtd. 18/2/2014 (Annexure P-10).