Facts
Reasoning
Decision
Nahar Singh
v.
State Of Uttar Pradesh And Others
(Supreme Court Of India)
No | 28-11-1995
1. Delay condoned.
2. Substitution allowed.
3. Notification under Section 4 (1) of the Land Acquisition Act, 1894 [for short, " the"] was published on June 25, 1974. Declaration under Section 6 was published on July 3, 1974 dispensing with the enquiry under Section 5- A after the Governor had exercised his power under Section 17 (4) of the.
4. It is not clear from the record that the possession of the land was taken after 15 days from the date of service of the notice under Section 9 on the appellant. The appellant has asserted that he has been in possession of the land but no counter has been filed. In support thereof, the appellant has also placed on record the resolution dated December 27, 1977 of Gram Sabha stating that the other land has already been allotted to 30 eligible persons of the village and the land in question no longer is necessary. After the Amendment Act 68 of 1984 was brought into force w.e.f. September 24, 1984, Section 11- A operates in the field. It envisages that if the award under Section 11 has not been made within two years from the date of coming into force of the Amendent Act, all the proceedings under Sections 4 and 6 shall stand lapsed. In view of the fact that no steps appeared to have been taken within time, the notification under Section 4 (1) and declaration under Section 6 no longer subsist.
5. Accordingly, the appeal is allowed. No costs.
2. Substitution allowed.
3. Notification under Section 4 (1) of the Land Acquisition Act, 1894 [for short, " the"] was published on June 25, 1974. Declaration under Section 6 was published on July 3, 1974 dispensing with the enquiry under Section 5- A after the Governor had exercised his power under Section 17 (4) of the.
4. It is not clear from the record that the possession of the land was taken after 15 days from the date of service of the notice under Section 9 on the appellant. The appellant has asserted that he has been in possession of the land but no counter has been filed. In support thereof, the appellant has also placed on record the resolution dated December 27, 1977 of Gram Sabha stating that the other land has already been allotted to 30 eligible persons of the village and the land in question no longer is necessary. After the Amendment Act 68 of 1984 was brought into force w.e.f. September 24, 1984, Section 11- A operates in the field. It envisages that if the award under Section 11 has not been made within two years from the date of coming into force of the Amendent Act, all the proceedings under Sections 4 and 6 shall stand lapsed. In view of the fact that no steps appeared to have been taken within time, the notification under Section 4 (1) and declaration under Section 6 no longer subsist.
5. Accordingly, the appeal is allowed. No costs.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE K. RAMASWAMY
HON'BLE JUSTICE S. B. MAJMUDAR
Eq Citation
1996 1 AD (SC) 87
(1996) 1 SCC 434
[1995] (SUPPL.) 5 SCR 754
1995 (6) SCALE 773
1 (1996) CLT 187
JT 1995 (9) SC 135
1996 (1) SCJ 191
LQ/SC/1995/1209
HeadNote
Land Acquisition Act, 1894 — Ss. 4, 6, 11 and 11-A — Lapsing of proceedings — Held, in view of fact that no steps appeared to have been taken within time, notification under S. 4 (1) and declaration under S. 6 no longer subsist — Land Acquisition Act, 1894, S. 11-A came into force w.e.f. September 24, 1984, which envisages that if award under S. 11 has not been made within two years from date of coming into force of Amendment Act, all proceedings under Ss. 4 and 6 shall stand lapsed
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