- (1.) The petitioners pray for quashing the notifications dated 9.8.2002 and 8.8.2003 issued under sections 4 and 6 of the Land Acquisition Act, 1894 (in short, "the 1894 Act"), award dated 5.8.2005 and order dated 4.4.2016, Annexures P.2 to P.4 and P.12 respectively. Further prayer has been made for a direction to the respondents to release the land of the petitioners under section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, "the 2013 Act").
(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The State of Haryana issued a notification dated 9.8.2002, Annexure P.2 under Section 4 of the 1894 Act for acquisition of land for a public purpose i.e. for setting up residential, commercial and institutional area for Sector 21, Kaithal. The plot of the petitioners measuring 1 kanal 5 marlas is situated within the revenue estate of Patti Kaisth Seth Kaithal. Thereafter, notification under section 6 of the Act was issued on 8.8.2003, Annexure P.3. Award was announced by the Land Acquisition Collector on 5.8.2005, Annexure P.4. According to the petitioners, the area around their plot is thickly constructed and inhabited. The petitioners are having possession over the plot. They have also constructed temporary boundary wall around the plot. They sent a legal notice dated 18.8.2014, Annexure P.9 to the respondents to consider their case as per the new Act but having received no response, they filed CWP No.24461 of 2014 in this court which was decided vide order dated 1.12.2014, Annexure P.10 with a direction to respondent No.1 to consider and decide the legal notice submitted by the petitioners within a period of four months from the date of receipt of a certified copy of the order. The petitioners filed reminder dated 7.9.2015, Annexure P.11 to respondent No.1. Thereafter, the petitioners filed COCP No.3014 of 2015 which is pending. On 4.4.2016, respondent No.1 rejected the claim of the petitioners. Hence the instant writ petition by the petitioners.
(3.) We have heard learned counsel for the petitioners.;