Case Note & Summary
The case concerned land acquisition proceedings initiated under the Land Acquisition Act, 1894. The appellant, Nahar Singh, challenged the subsistence of notifications issued under Sections 4(1) and 6 of the Act, contending that the proceedings had lapsed due to non-compliance with Section 11-A. The respondent was the State of Uttar Pradesh and others. A notification under Section 4(1) was published on June 25, 1974, followed by a declaration under Section 6 on July 3, 1974, after the Governor exercised power under Section 17(4) to dispense with the enquiry under Section 5-A. The record did not clearly establish that possession of the land was taken after the required notice under Section 9. The appellant asserted continued possession and placed on record a resolution of the Gram Sabha dated December 27, 1977, stating that the land was no longer necessary since other land had already been allotted to 30 eligible persons. The respondent did not file a counter to rebut these assertions. After the Land Acquisition (Amendment) Act, 1984 (Act 68 of 1984) came into force on September 24, 1984, Section 11-A applied, providing that if an award under Section 11 was not made within two years from the date of commencement of the amendment, all proceedings under Sections 4 and 6 would lapse. The court found that no steps appeared to have been taken within time to make the award. Consequently, the court held that the notification under Section 4(1) and the declaration under Section 6 no longer subsisted. The Supreme Court allowed the appeal, without costs.
Headnote
A) Land Acquisition - Lapse of Proceedings - Section 11-A of Land Acquisition Act, 1894 - Award not made within two years of commencement of Land Acquisition (Amendment) Act, 1984 results in lapse of all proceedings under Sections 4 and 6. The court found that after the amendment came into force on September 24, 1984, no award under Section 11 was made within two years, and no steps appeared to have been taken within time. The appellant asserted continued possession and placed Gram Sabha resolution dated December 27, 1977 stating land no longer necessary, and the respondent did not file a counter. Held that the notification under Section 4(1) and declaration under Section 6 no longer subsist and the appeal is allowed without costs.
Issue of Consideration
Whether the land acquisition proceedings lapsed under Section 11-A of the Land Acquisition Act, 1894 due to failure to make an award within two years from the commencement of the Land Acquisition (Amendment) Act, 1984.
Final Decision
Appeal allowed. The notification under Section 4(1) and declaration under Section 6 of the Land Acquisition Act, 1894 no longer subsist. No costs.
Law Points
- Section 11-A of Land Acquisition Act
- 1894
- lapse of proceedings if award not made within two years
- notifications under Sections 4 and 6 lapse
- possession not proven
- Amendment Act 68 of 1984
