JUDGMENT

Mr. Harkesh Manuja, J.

Briefly stating, facts of the case are that State of Punjab/respondent No.1 issued notification dated 20.11.2006, under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter referred as 1894 Act') for acquisition of land measuring 602.25 acres for the public purpose namely; construction of embankments and widening of river Ghaggar from Khanauri to Village Karail (RD 58000 to RD 13343) of Tehsil Moonak, District Sangrur in Punjab territory for increasing its capacity to save the agriculture land and village abadis from floods in river Ghaggar in Punjab. Subsequently, notification under Section 6 of 1894 Act was issued on 13.04.2007. Though, total land of petitioners that formed part of notifications under Sections 4 and 6 of the 1894 Act was 41 Kanal 6 Marla, however, award dated 12.04.2008 was made only for land measuring 24 kanal 4 marla & the compensation amounting to Rs. 74,99,712/- was paid to the petitioners, there being no award for land in question measuring 17 kanal 2 marla. It is pertinent to mention here that the nature of acquisition was compulsory and powers under Section 17(1) of the 1894 Act were exercised by respondents to take possession of the entire land under acquisition including 41 Kanal 6 Marla belonging to the petitioners.

2. Petitioners made representations dated 05.04.2011, 12.10.2013 and 14.01.2015 to respondents no. 2 & 3 for grant of compensation in respect of remaining land measuring 17 Kanal & 2 marla. Since no action was taken thereupon, petitioners filed Civil Writ Petition No. 10357 of 2015 before this Court which was disposed of vide order dated 21.05.2015, directing respondent no. 3 to pass a speaking order. Even thereafter, despite of petitioners having served a legal notice dated 04.11.2015 upon respondent no. 3 for compliance of the order dated 21.05.2015, no steps were taken in this regard, therefore, petitioners filed COCP No. 1175 of 2016 before this Court. During its pendency, respondent no. 3 filed reply dated 14.06.2018 & informed that a speaking order dated 09.10.2017 was passed vide which compensation in terms of award dated 12.04.2008 qua the remaining land measuring 17 Kanal & 2 marla was ordered to be assessed & granted to the petitioners.

3. By way of present petition, petitioners have impugned the order dated 09.10.2017 and pray that since on the date of passing of the said order, 1894 Act stood repealed, the assessment of compensation should have been ordered under the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred as 2013 Act), besides praying that petitioners be also granted compensation/ damages for the illegal possession / usage of their land since 2007, till date.

4. In this regard, learned counsel for the petitioners submits that land in question belonging to petitioners measuring 17 Kanal 2 Marla formed part of notifications issued under Sections 4 & 6 of the 1894 Act; but no award was announced for the same within the stipulated period as mandated under Section 11A thereof, hence, the acquisition qua the same stood lapsed. He further submits that vide impugned order dated 09.10.2017, the compensation amount was ruled to be assessed for the land in question in terms of award passed in the year 2008 which admittedly being post coming into force of the 20