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TMI Blog2011 (10) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... 987 was allowed by the learned Single Judge vide order dated 24.10.1991. That order was set aside by the Division Bench in Writ Appeal No.406 of 1994 filed by respondent Nos.1 to 3. Thereafter, the Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Ayyan Thirumaligam Road, Salem passed an award dated 10.12.1996. 4. Immediately thereafter, the appellant and proforma respondent Nos. 4 to 7, whose name were deleted vide order dated 25.01.2010, filed Writ Petition No.19284 of 1996 for grant of a declaration that the acquisition of their land will be deemed to have lapsed because the award was not passed within two years. Respondent Nos.1 to 3 contested the writ petition by asserting that the award was passed within two years from the date of receipt of the copy of the Division Bench judgment dated 29.8.1996. 5. The learned Single Judge allowed the writ petition and declared that the acquisition of the writ petitioners' land will be deemed to have lapsed because the award was passed after more than two years counted from the date of last publication of the declaration issued under Section 6 of the Act. 6. The Division Bench of the High Court allowed the appeal pref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition proceedings became final. 9. We have considered the respective submissions. Section 11A of the Act, which has bearing on the disposal of this appeal reads as under: 11A. Period within which an award shall be made - The Collector shall make an award under section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse. Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made within a period of two years from such commencement. Explanation- In computing the period of two years referred to in this section, the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded. 10. A reading of the plain language of the above reproduced section makes it clear that the Collector is obliged to make an award under section 11 within a period of two years from the date of the publication of the declaration. If no award is made within that per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Karnataka and Ors etc. (1996 (3) SCC 88) and observed : 3. The controversy involved lies within a very narrow compass, that is, whether after quashing of notification under Section 6 of the Land Acquisiton Act, 1894 (hereinafter referred to as the Act ) fresh period of one year is available to the State Government to issue another notification under Section 6. In the case at hand such a notification issued under Section 6 was questioned before the Madras High Court which relied on the decision of a three- Judge Bench in N. Narasimhaiah v. State of Karnataka and held that the same was validly issued. 4. Learned counsel for the appellants placed reliance on an unreported decision of this Court in A.S. Naidu v. State of T.N. wherein a Bench of three Judges held that once a declaration under Section 6 of the Act has been quashed, fresh declaration under Section 6 cannot be issued beyond the prescribed period of the notification under sub-Section (1) of Section 4 of the Act. It has to be noted that there is another judgment of two learned Judges in Oxford English School v. Govt. of T.N. which takes a view similar to that expressed in A.S. Naidu case. However, in State of Ka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gency in terms of Section 5-A of the Act has no role to play when the period of limitation under Section 6 is reckoned. The purpose for providing the period of limitation seems to be avoidance of inconvenience to a person whose land is sought to be acquired. Compensation gets pegged from the date of Notification under Section 4(1). Section 11 provides that the valuation of the land has to be done on the date of publication of Notification under Section 4(1). Section 23 deals with matters to be considered in determining the compensation. It provides that the market value of the land is to be fixed with reference to the date of publication of the Notification under Section 4(1) of the Act. The prescription of time limit in that background is, therefore, peremptory in nature. In Ram Chand and Ors. Vs. Union of India and Ors. (1994 (1) SCC 44), it was held by this Court that though no period was prescribed, action within a reasonable time was warranted. The said case related to a dispute which arose before prescription of specific periods. After the quashing of declaration, the same became non-est and was effaced. It is fairly conceded by learned counsel for the respondents that ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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