High Court Allows Writ Petition Quashing Land Acquisition Award Due to Lapse Under Section 11A of Land Acquisition Act, 1894 -- Delay and Laches Not Bar Petition as Petitioners Filed Within Reasonable Time After Receiving Award Copy

Nature of Litigation: Writ petition challenging land acquisition award

Remedy Sought

Petitioners sought quashing of land acquisition award dated 7th May 2012

Filing Reason

Alleged lapsing of acquisition proceedings under Section 11A of Land Acquisition Act, 1894 as award passed after two-year period from Section 6 declaration publication

Previous Decisions

Award passed on 7th May 2012, Petitioners received copy on 7th January 2020 after notices under Section 12(2) issued on 21st December 2019

Issues

Whether land acquisition proceedings lapsed under Section 11A of Land Acquisition Act, 1894 due to award being passed after two-year period from Section 6 declaration publication Whether the writ petition was barred by delay and laches

Submissions/Arguments

Petitioners argued award lapsed as two-year period under Section 11A expired on 1st May 2012, award passed on 7th May 2012 with no interim stay -- Respondents argued petition barred by delay as award passed in 2012, petition filed in 2021, and cited Supreme Court judgment in Banda Development Authority case -- Respondents also contended beneficiary not made party -- Petitioners relied on judgment emphasizing Article 300A of Constitution and argued delay irrelevant in property rights context

Ratio Decidendi

Section 11A of Land Acquisition Act, 1894 mandates award within two years from Section 6 declaration publication, failure results in lapse -- Delay and laches not applicable when Petitioners approach writ Court within reasonable time after becoming aware of award, especially when property rights under Article 300A of Constitution are involved -- Distinction made between cases invoking urgency clause under Section 17 and those not, affecting applicability of precedent

Judgment Excerpts

Held that the award itself records that the last date of publication of declaration under Section 6 of the Act was 2nd May 2010 in the Talathi office -- The two year period for passing the award expired on 1st May 2012 and admittedly the award was passed on 7th May 2012, after the two year period expired -- In the present case, there was no interim stay to the acquisition proceeding by order of any Court and therefore, the explanation to Section 11-A of the said Act does not apply -- Applying the said position of law, to the facts of the present case when the copies of the award were furnished to the Petitioners for the first time on 7th January 2020, in pursuance of notices issued under Section 12(2) of the said Act dated 21st December 2019 and the present Writ Petition was filed in May 2021, it cannot be said that the Writ Petition is hit by delay and laches -- Article 300-A of the Constitution provides that no person shall be deprived of his property save by authority of law

Procedural History

Land acquisition award passed on 7th May 2012 -- Notices under Section 12(2) issued to Petitioners on 21st December 2019, received on 7th January 2020 -- Petitioners filed Writ Petition No. 15016 of 2022 in May 2021 -- High Court heard arguments, examined original file, and delivered judgment on 22nd January 2026