Ajay Mittal, J. - (1.) The petitioners pray for quashing the notifications under sections 4 and 6 of the Land Acquisition Act, 1894 (in short, "the Act") 29.1.2009 and 25.5.2009, Annexures P.3 and P.4 respectively as the same have elapsed in view of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, "the 2013 Act") as the award dated 24.2.2010 has not been given in respect of Village Terkiana, Hadbast No.204, Tehsil Dasuya, District Hoshiarpur and possession has not been taken from the petitioners.
(2.) A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The petitioners were owners of land situated in Village Terkiana, Hadbast No.204, Tehsil Dasuya, District Hoshiarpur. The land was situated in various Khasra Nos. which included khasra Nos. 46, 3215/47, 3218/52, 53, 54, measuring 24 kanals 8 marlas. With regard to Khasra No.46, the respondents had taken out certain proceedings for the purpose of constructing pond. It came to the notice of the petitioners on 14.11.2014 when the officials from respondent No.2 came to take possession. When the petitioners went to the office of respondent No.2, they were informed that there existed acquisition with regard to the land and even award was also given on 24.2.2010. After taking copy of the award, the petitioners also learnt that notification under section 4 of the Act had been issued on 29.1.2009, Annexure P.3 vide which the State Government had acquired the land for the purpose of construction of pond in various villages including the land of Village Terkiana Hadbast No.204 belonging to them. Objections were called and the concerned persons were heard. Ultimately, notification under section 6 of the Act was also issued on 25.5.2009, Annexure P.4. From the perusal of Annexure P.4, it came to notice that though Village Badahiya Hadbast No.447 was mentioned, in column No.4, the land of Village Terkiana HB No.204 was also shown. However, while announcing the award, no award was given with regard to land of Village Terkiana HB No.204. According to the petitioners, the possession has not been taken from them. On 14.11.2013, when the officials of respondent No.2 came to take possession, the Panchayat as well as the petitioners protested against the same as the pond was being constructed at the place which was adjoining abadi, mandir, church and school. However, nothing was done by the respondents. Hence the instant writ petition by the petitioners.
(3.) We have heard learned counsel for the parties.;