(1) of the 2013 Act contemplates that where acquisition process has been initiated under the old Act of 1894 but no Award was passed, in that eventuality, the Award shall be passed in accordance with the provisions of 2013 Act. In the instant case, such a procedure has been meticulously followed by the Competent Authority. A plain reading of Section 6 notification issued after 01.01.2014 unveils that the provisions of 2013 Act have been applied. Similarly, the Award dated 02.11.2015 (P-7) is also based upon the provisions of the new Act of 2013 and additional benefits admissible to land losers have been duly granted under the said Award. There is thus no violation of Section 24(1) of the 2013 Act. As regard to the shops constructed by the petitioners, it is undeniable that the provisions of Punjab Scheduled Roads and Controlled Areas Act, 1963 expressly prohibits raising of such construction within 30 meters outer limit on either side of the road. Under the Act, it is mandatory to obtain prior permission of the authorities before raising such construction. In the case in hand, neither the petitioners have obtained permission nor their construction is more than 30 meters away from the road. The photograph on record reveal that the shops are just abutting the road itself. Such an unauthorized and illegal construction cannot be legitimized or ordered to be released from acquisition in terms of the Government Policy.
