Case Note & Summary
The petitioner, Haribhau Narayan Chikane, filed a writ petition under Article 226 of the Constitution of India challenging the land acquisition award No.L.A./S.R./B19/99 dated 30th April 2001 in respect of his land bearing Gat No.295 admeasuring 80 Ares in Village Kapurhol, Taluka Bhor, District Pune. The petitioner sought quashing of the award and a direction to release the land from acquisition, contending that the acquisition proceedings had lapsed under Section 11A of the Land Acquisition Act, 1894 because the award was not made within two years from the date of the declaration under Section 6. The declaration under Section 6 was made on 6th January 1999, and the award was made on 30th April 2001, which was beyond the two-year period. The respondents, including the State of Maharashtra and the private respondents, opposed the petition, arguing that the award was within time. The court analyzed the provisions of Section 11A and the dates involved. It found that the period from 6th January 1999 to 30th April 2001 exceeded two years, and no extension or stay was proved. The court held that the acquisition proceedings had lapsed and allowed the petition, quashing the award and directing the release of the land. The court also directed the respondents to carry out necessary corrections in the record of rights.
Headnote
A) Land Acquisition - Lapse of Acquisition - Section 11A Land Acquisition Act, 1894 - The court considered whether the acquisition proceedings had lapsed as the award was not made within two years from the date of the declaration under Section 6. The court held that the award dated 30th April 2001 was made beyond the period of two years from the date of the declaration under Section 6, which was 6th January 1999, and thus the entire acquisition proceedings lapsed. (Paras 1-36) B) Land Acquisition - Writ of Certiorari - Article 226 Constitution of India - The court allowed the petition seeking a writ of certiorari to quash the award and a writ of mandamus to release the land from acquisition, as the acquisition had lapsed. (Paras 2, 36)
Issue of Consideration
Whether the land acquisition proceedings in respect of the petitioner's land had lapsed under Section 11A of the Land Acquisition Act, 1894, as the award was not made within two years from the date of the declaration under Section 6.
Final Decision
The court allowed the writ petition, quashed the award dated 30th April 2001, and directed the respondents to release the petitioner's land from acquisition and carry out necessary corrections in the record of rights.
Law Points
- Land Acquisition Act
- 1894
- Section 11A
- Lapse of acquisition proceedings
- Award not made within two years
- Writ of certiorari
- Writ of mandamus
- Release of land from acquisition
