INDERJEET SINGH, J. - (1.) This writ petition has been filed by the petitioners with the following prayers:- "(i) By way of issue of appropriate writ, order or direction, notices dated 03.08.2018 and 28.03.2018 (collectively marked as Annexure-9) may kindly be held to be arbitrary and illegal and same may kindly be quashed and set aside. (ii) By way of issued of appropriate writ, order or direction proposed action of the respondents for dispossessing the petitioners from property in the question situated in Khasra No. 6896, 6893, 6895 and 6878 Village Thok Maliyan, Tehsil and District Ajmer in pursuance of Award dated 14.07.2011 may kindly be declared without authority of law and in violation of Article 300-A of the Constitution of India; and in case, need so arises, aforesaid Award dated 14.07.2011 may also be quashed to the extent to which in includes land and properties of the petitioners shown in Para. 2 of the writ petition. (iii) By way of issue of appropriate writ, order or direction the respondents may kindly be restrained from taking forcibly possession of petitioners property without carrying out a valid land acquisition proceedings in relation to petitioner's property as mentioned herein above and they may also be restrained from demolishing the construction raised by the petitioners over the property in question; and Any other appropriate order, writ or direction which this Hon'ble Court deem fit and proper looking to the facts and circumstances of the instant case in favour of the petitioners may also kindly be passed."
(2.) The facts of the case as not being disputed by the parties are that the residential houses of the petitioners were acquired by the respondents along with certain other lands measuring total 9.6249 hectares situated at Village Thok Maliyan, Tehsil and District Ajmer. The competent authority after conclusion of the acquisition proceedings passed an award on 14-7-2011. During pendency of the acquisition proceedings, the petitioners approached the competent authority in June, 2011 by filing application for determining compensation as per the market value. The respondents vide notice dated 28-3-2018/3-8-2018 directed the petitioners to vacate and hand over the property in dispute within a period of seven days.
(3.) Counsel for the petitioners submitted that the award passed by the competent authority is against the provisions of law as provided under the Railways Act, 1989 (hereinafter to be referred as 'Act of 1989'). Counsel further submits that sixty days' notice to vacate the property in dispute was not given to the petitioners by the respondents as provided under section 20-I of the Act, 1989. Counsel further submits that certain other persons have challenged the award dated 14-7-2011 before this Court by filing CWP-4970/2016 which was decided on 25-4-2016 and this Court has passed the following order:- "Counsel for the parties agree that the petition may be disposed of in view of averments in the reply to writ petition. It has been stated in the reply to the writ petition that the acquisition of land under the Railways Act, 1989 (hereinafter 'the Act of 1989') Award dated 14-7-2011 with reference to Section 20-F(2) thereof and consequent possession would be confined only to those parcels of land that were also specifically included in the Notification under Section 20A of the Act of 1989 issued on 11-8-2009 and the notification under Section 20E of the Act of 1989 issued on 1-6-2010. Accordingly it is directed that the respondent Railway should take possession of only those parcel of lands which were included in the Award dated 14-7-2011, to the extent they were also included in the notifications under Section 20A and 20E of the Act of 1989. It is directed that the award dated 14-7-2011 under Section 20-F (2) of the Act of 1989 to the extent of including lands not specifically included in the preceding Section 20-A Notification dated 11-8-2009 and Section 20-E notification dated 1-6-2010 would stand quashed and set aside. The remainder award dated 14-7-2011 is upheld. It goes without saying that the respondent Railway shall be free to take fresh proceeding for acquisition of parcels of land which were not included in the Notifications under Section 20A and 20E of the Act of 1989 but in the award dated 14-7-2011 to the extent it has been set aside. The writ petition stands disposed of accordingly." ;