Case Note & Summary
The dispute arose from the acquisition of land by the State of Gujarat for the North Gujarat University, with the appellant challenging the notification under Section 6 of the Land Acquisition Act, 1894. The notification was published on May 12, 1988, and the appellant filed a Special Civil Application in the Gujarat High Court, seeking interim relief against possession of the land. The High Court granted limited relief, restraining possession pending admission of the application. The appellant contended that since two years had elapsed without an award being made, the acquisition proceedings lapsed. The High Court rejected this claim, stating that the entire period during which proceedings were stayed by a court should be excluded from the two-year computation under Section 11-A. The Supreme Court upheld the High Court's decision, clarifying that the Explanation to Section 11-A is broadly worded and applies to any period of stay, not just those preceding the award. The court emphasized that the benefit of Section 11-A is available only to land-holders who do not obtain a stay that delays the award or possession. Consequently, the appeal was dismissed, affirming the High Court's ruling.
Headnote
A) Land Acquisition - Interpretation of Section 11-A - Exclusion of time period - Land Acquisition Act, 1894, Section 11-A - The Explanation to Section 11-A is intended to exclude the entire period during which any action or proceeding pursuant to a declaration under Section 6 is stayed by a competent court, not limited to actions preceding the making of the award. The court held that the benefit of Section 11-A is confined to land-holders who do not obtain any order from a court that would delay or prevent the making of the award or taking possession of the land acquired. (Paras 163-164).
Issue of Consideration
Whether the entire period during which any action or proceedings pursuant to declaration under Section 6 remained stayed is to be excluded in computing the two-year period for making an award under Section 11-A of the Land Acquisition Act, 1894.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the entire period during which any action or proceeding pursuant to the declaration under Section 6 is stayed by a court is to be excluded in computing the two-year period for making an award under Section 11-A.
Law Points
- Interpretation of statutes
- Land Acquisition
- Section 11-A
- exclusion of time period
- stay orders
