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TMI Blog1995 (4) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... e Patna High Court at Patna in Miscellaneous Appeal No.16 of 1986. A notification under s.4(1) of the Land Acquisition Act, 1894, 1/94 (for short, `the Act') was published on February 13, 1957 acquiring the disputed land alongwith other lands for public purpose, namely construction of the houses by the Housing Board, known as the Peoples Cooperative House Construction Society Ltd., Patna. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent till the disposal of the suit without causing any disturbance to the plaintiff's possession and enjoyment of the suit land or demolition of any structure standing thereon. On appeal, it was modified by the High Court, holding that the status quo as on October 18, 1985 shall be maintained. Thus, these appeals by special leave. The question is whether a civil suit is maintainable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Land Acquisition Officer to proceed with the acquisition of the land and to make the award. Section 11A now prescribes limitation to make the award within 2 years from the last of date of publication envisaged under s.6 of the Act. In an appropriate case, where the Govt. needs possession of the land urgently, it would exercise the power under s.17(4) of the Act and dispense with the enquiry un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf was not maintainable. When such is the situation, the finding of the trial court that there is a prima facie triable issue is unsustainable. Moreover, possession was already taken and handed over to Housing Board. So, the order of injunction was without jurisdiction. The injunction granted by the trial court and confirmed by the High Court are thus illegal. The appeal is, accordingly, allow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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