Case Note & Summary
The petitioners, Govind Tukaram Shete and others, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition proceedings under the Land Acquisition Act, 1894 (the Act) concerning land bearing Survey No.72/6 admeasuring 11 Ares situated at Bhor, Taluka Bhor, District Pune. The award under Section 11 of the Act was made on 24th January 2008. The petitioners contended that the acquisition had lapsed as the award was not made within the time stipulated under Section 11A of the Act. The notification under Section 4(1) was issued on 24th January 2004, and the declaration under Section 6 was issued on 24th January 2006. The petitioners argued that the Section 6 declaration was not published in two daily newspapers circulated in the locality as required, and therefore the period of two years under Section 11A should be computed from the date of publication in the newspapers, which they claimed was later. The respondents, represented by the Special Land Acquisition Officer, Pune, and others, argued that the Section 6 declaration was published in the official gazette and in two newspapers on 24th January 2006 itself. The court examined the evidence, including copies of the newspapers produced by the respondents, and found that the Section 6 declaration was indeed published in two newspapers on 24th January 2006. The court held that the publication was in substantial compliance with the requirements of Section 4(1) read with Section 6. Since the award was made on 24th January 2008, which was the last day of the two-year period from the date of the Section 6 declaration, the acquisition did not lapse. The court dismissed the petition, holding that the award was made within the time stipulated under Section 11A.
Headnote
A) Land Acquisition - Lapse of Acquisition - Section 11A of Land Acquisition Act, 1894 - Time Limit for Award - The issue was whether the award made on 24th January 2008 was within the period of two years from the date of the Section 6 declaration dated 24th January 2006. The court held that the period of two years under Section 11A must be computed from the date of publication of the Section 6 declaration in the official gazette and in two daily newspapers. Since the award was made on the last day of the two-year period, and the petitioners failed to prove that the Section 6 declaration was published in newspapers on a later date, the acquisition did not lapse. (Paras 1-10) B) Land Acquisition - Publication of Section 6 Declaration - Section 6 of Land Acquisition Act, 1894 - Compliance with Section 4(1) Publication Requirements - The court examined whether the Section 6 declaration was published in two daily newspapers circulated in the locality as required by Section 4(1). The respondents produced evidence of publication in two newspapers on 24th January 2006. The court held that the publication was in substantial compliance with the requirements. (Paras 5-9) C) Land Acquisition - Computation of Limitation under Section 11A - Exclusion of Period of Stay - Section 11A of Land Acquisition Act, 1894 - The court noted that the period of any stay or injunction order passed by a court is to be excluded while computing the period of two years. In this case, there was no stay, so the period ran continuously. (Para 10)
Issue of Consideration
Whether the acquisition proceedings under the Land Acquisition Act, 1894 have lapsed due to the failure to make the award under Section 11 within the time stipulated under Section 11A of the Act.
Final Decision
The court dismissed the writ petition, holding that the award under Section 11 was made within the time stipulated under Section 11A of the Land Acquisition Act, 1894, and the acquisition did not lapse.
Law Points
- Section 11A of Land Acquisition Act
- 1894 mandates that award must be made within two years from date of Section 6 declaration
- failure renders acquisition lapsed
- Section 6 declaration must be published in official gazette and in two daily newspapers circulated in locality
- substantial compliance with Section 4(1) publication requirements is mandatory
- period of stay or injunction is excluded from computation of limitation under Section 11A.
