SCA/4380/1983 of Blank Name Vs Blank Name on 16 October 1995

1. Whether Reporters of Local Papers may be allowed to see the Judgment ?

2. To be referred to the Reporter or not ?

3. Whether Their Lordships wish to see the fair copy of Judgment ?

4. Whether this case involves substantial question of law as tothe interpretation of the Constitution of India, 1950 or any order made thereunder ?

5. Whether it is to be circulated to the Civil Judge?

Mr. S.B. Vakil, Advocate for the petitioner.

Mr. A.J. Desai, A.G.P., for respondents Nos. 1, 2 & 4.Mr. Prashant G. Desai, for Mr. G.N. Desai, Advocate forrespondent No.3.

Coram: B.C. Patel, J. & H.R. Shelat,J.(16-10-1995)

ORAL JUDGMENT: (Per: B.C. Patel, J.)

1. The petitioner, by preferring this petition under Article226 of the Constitution of India, has challenged the NotificationNo.AM-74-3011/M/LSU/1474/110478/LA I dated 24.10.1974 issued bythe Government of Gujarat under Section 4 of the Land AcquisitionAct, 1894 (hereinafter referred to as 'the Act') andNotification No. AM/77/1292/LSU/1417/110478/LA I dated 8-6-1977of the Government of Gujarat issued under Section 6 of the Actfor compulsory acquisition of 23239.86.68 sq.meters of landbearing C.T.S. Nos. 361 to 372 of Ward No. 7 of Surat for housing

2. Mr. Vakil, learned counsel appearing for the petitionersubmitted that in view of Section 11A of the Act which isinserted by Act No. 68 of 1984, the proceedings have lapsed asno award was made within a period of two years from the date ofpublication of the declaration. By preferring Civil ApplicationNo. 1459 of 1989 on 24-12-1991, the petition is amended and ithas been specifically contended that no award has been made; andtherefore the entire proceedings for the acquisition have lapsedunder Section 11A of the Act. Section 11A of the Act reads asunder; "11.A.__Period within which an award shall be made.__TheCollector shall make an award under Sec. 11 within a period oftwo years from the date of the publication of the declaration andif no award is made within that period, the entire proceedingsfor the acquisition of the land shall lapse :

Provided that in a case where the said declaration hasbeen published before the commencement of the LandAcquisition(Amendment) Act, 1894, the award shall be made withina period of two years from such commencement.

Explanation._In computing the period of two yearsreferred to in this section, the period during which any actionor proceeding to be taken in pursuance of the said declaration isstayed by an order of a court shall be excluded."

Declaration under Section 6 of the Act in the instant case waspublished before the commencement of the Amendment Act and hencethe award was required to be made within a period of two yearsfrom such commencement, i.e., before 24-9-1986. It is pointedout in the petition that by an order dated 9-9-1983, the Courtpassed an order restraining the authority from making an awardwhich was in operation till 12-3-1985. Hence, considering thisperiod during which there was a stay, the award was required tobe made on or before 11-3-1987. Till this date, there appears tobe no award. Though the amendment is allowed on 24-12-1991, noreply is filed on behalf of the respondents, i.e., MunicipalCorporation or the State of Gujarat. Nothing is placed on therecord by respondents to indicate that the award has been made inaccordance with law, and in view of this, it is clear that theentire proceedings for the acquisition of land got lapsed byafflux of time as per the provisions of Section 11A of the Act.As the proceedings got lapsed, it goes without saying that inview of Notification referred to hereinabove, there is noquestion of acquiring the land.

that the proceedings for compulsory acquisition of thepetitioner's land pursuant to the impugned notifications,Annexures 'A' & 'B' shall stand lapsed under Section 11A of theAct. The petition is, therefore, allowed with no order as tocosts. Rule is made absolute accordingly.......