- (1.) We have heard learned counsel appearing for the appellants and learned counsel appearing for the respondent-Jaipur Development Authority.
(2.) This Special Appeal is directed against the order dated 29.10.2014, passed by learned Single Judge, rejecting the stay application in S.B. Civil Writ Petition No.8289/2014, filed with a prayer to quash the Notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short, 'the Act of 1894'), (invoking powers under Section 17 of the Act of 1894), dated 22.01.2003 and 29.09.2003 respectively. The prayers have also been made to set aside the impugned Awards dated 29.07.2005 and 17.11.2006; to quash the entire land acquisition proceedings, and to hold that the acquisition proceedings have lapsed under the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013'), which has come into force on 01.01.2014.
(3.) Learned Single Judge has rejected the stay application on the ground that the land was acquired by the Notifications issued under Sections 4 and 6 of the Act of 1894 (invoking powers under Section 17 of the Act of 1894), dated 22.01.2003 and 29.09.2003, of which the possession was also taken, and the Awards were declared on 29.07.2005 and 17.11.2006. The petitioners had, on the issuance of notifications, entered into a contract with the respondents, to accept 15% of the developed land, in lieu of compensation. He found that the petitioners had subsequently encroached upon the land, which they had surrendered, and have filed the writ petition only after their possession, as encroachers was sought to be removed by the JDA.;