Case Note & Summary
The petitioners, owners of land Survey No.129 Hissa No.2 at village Jambhe, challenged the validity of the Award dated 31st October, 1992, under Section 11A of the Land Acquisition Act, 1894, on the ground that the Award was not passed within two years from the publication of the declaration under Section 8 of the Act. The land was acquired for the Kasarsai Irrigation Project for rehabilitation of project affected persons. The petitioners contended that they were not served with any notice during the award proceedings. The court examined the applicability of Section 11A, which was inserted by the Amendment Act of 1984. The declaration under Section 6 was published on 30th March, 1984, before the amendment came into force. The court held that Section 11A is prospective and applies only to declarations made after its commencement. Since the declaration in this case was made before the amendment, Section 11A did not apply, and the award was not invalid for being made beyond two years. The court also noted that the award was made on 31st October, 1992, which was within a reasonable time. The petition was dismissed, and the acquisition was upheld.
Headnote
A) Land Acquisition - Section 11A - Applicability - Prospective Operation - Section 11A of the Land Acquisition Act, 1894, which requires the Collector to make an award within two years from the date of publication of the declaration under Section 6, is prospective in nature and does not apply to awards made before its insertion by the Amendment Act of 1984. The award in question was made on 31st October, 1992, which is after the amendment, but the declaration under Section 6 was published on 30th March, 1984, before the amendment. The court held that Section 11A applies only to declarations made after its commencement, and therefore the award is not invalid for delay. (Paras 3-4) B) Land Acquisition - Section 11A - Computation of Period - The two-year period under Section 11A runs from the date of publication of the declaration under Section 6, not from the date of the notification under Section 4. In this case, the declaration was published on 30th March, 1984, and the award was made on 31st October, 1992, which is beyond two years. However, since Section 11A was not applicable, the delay does not invalidate the award. (Paras 3-4)
Issue of Consideration
Whether the Award under Section 11 of the Land Acquisition Act, 1894 was required to be passed within two years from the publication of the declaration under Section 8 of the Act, and whether the failure to do so renders the acquisition proceedings invalid.
Final Decision
The petition is dismissed. The Award dated 31st October, 1992 is upheld. No order as to costs.
Law Points
- Section 11A of Land Acquisition Act
- 1894 is prospective and does not apply to awards made before its insertion
- period of two years for making award under Section 11A runs from the date of publication of declaration under Section 6
- not from the date of notification under Section 4
