Case Note & Summary
The petitioners, 41 individuals, filed writ petitions challenging the acquisition of their agricultural lands for the purpose of widening National Highway No. 218. The acquisition was initiated under the Land Acquisition Act, 1894. A notification under Section 4(1) was issued on 30.10.2003, followed by a declaration under Section 6 on 28.10.2004. The petitioners contended that the award was not passed within two years from the date of the Section 6 declaration, as required by Section 11A of the Act, and therefore the acquisition proceedings had lapsed. The respondents, including the State and the National Highways Authority of India, argued that the period during which the proceedings were stayed by an interim order of the court should be excluded. The court examined the record and found that an interim order of stay was granted on 20.12.2004 and continued until 20.6.2005. The award was passed on 30.6.2007. The court held that the period of stay (from 20.12.2004 to 20.6.2005) must be excluded while computing the two-year period under Section 11A. After excluding this period, the award was within time. The court also noted that the petitioners had not challenged the validity of the acquisition on any other ground. Consequently, the writ petitions were dismissed.
Headnote
A) Land Acquisition - Lapse of Award - Section 11A Land Acquisition Act, 1894 - Computation of Two-Year Period - The court considered whether the award lapsed under Section 11A when not made within two years from the date of the Section 6 declaration. The court held that the period during which the acquisition proceedings were stayed by a court order must be excluded while computing the two-year period. The petitioners' challenge failed as the award was passed within the extended period after excluding the stay period. (Paras 1-10) B) Land Acquisition - Limitation - Exclusion of Time - Section 12(2) Limitation Act, 1963 - The court applied the principle that time during which a party was prevented by an order of injunction from proceeding with the acquisition is to be excluded. The court relied on the principle that the period of stay cannot be counted against the acquiring authority. (Paras 8-10)
Issue of Consideration
Whether the award in a land acquisition proceeding lapses under Section 11A of the Land Acquisition Act, 1894, if not passed within two years from the date of the declaration under Section 6, and whether the period during which the proceedings were stayed by a court is to be excluded.
Final Decision
The writ petitions were dismissed. The court held that the period of stay granted by the court must be excluded while computing the two-year period under Section 11A of the Land Acquisition Act, 1894. After excluding the stay period, the award was passed within the prescribed time, and there was no lapse.
Law Points
- Land Acquisition
- Lapse of Award
- Section 11A Land Acquisition Act
- 1894
- Limitation for Passing Award
- Computation of Period
- Exclusion of Time under Section 12(2) of Limitation Act
- 1963
