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L.N. Venkatesan v. State of T.N. .

Supreme Court of India · 4 April 1997 · [1997] 3 S.C.R. 661

Court
Supreme Court of India
Decided
4 April 1997
Case no.
SLP(C) No. 5613-5614 of 1997
Reported as
[1997] 3 S.C.R. 661
Result
Dismissed
Bench
K. Ramaswamy, G.B. Pattanaik
Length
3 pages
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PETITIONER:
L.N. VENKATESAN
Vs.
RESPONDENT:
THE STATE OF TAMIL NADU & ORS.
DATE OF JUDGMENT: 04/04/1997
BENCH:
K. RAMASWAMY, G.B. PATTANAIK

ACT

HEADNOTE

JUDGMENT

ORDER

These special leave petitions arise from the judgment of the Division Bench of the madras High Court, made on July 19, 1996 in W. M.P. No. 5231/88. Notification under Section 4(1) of the Land Acquisition Act was published on 11.6.1975. Declaration under Section 6 was published on March 3, 1978. The petitioner filed W.P. No. 7645/86 an obtained stay of dispossession. Since the award was not made within two years under Section 11-A, he filed another writ petition, viz., W.P. No. 3450/88. The High Court holding that the bar of proviso does not attracts the operation of the stay obtained by the petitioner in the earlier writ petition. Therefore, the acquisition dows not stand lapsed. Learned counsel for the petitioner contends that the interim stay granted was "not to dispossess" the petitioner and there is no impediment for authorities to proceed further in passing the award. We find no force in the contention.

Section 11-A of the Act which reads as follows:

"11-A. 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."

The principle laid down by this Court in Yusufbhai Noormohamed Nendoliya v. State of Gujarat [AIR 1991 SC 2153] is that the owner of the land or a person, who is interested in the land and wants to take advantage of Section 11-A of the Act, must not have obtained an interim order, against the Land Acquisition officer, of whatsoever nature. The relevant portion of the Said judgment, which is contained in paragraph 8 is as follows:-

"The said explanation is in the

widest possible terms and, in our

opinion, there is no warrant for

limiting the action or proceedings

referred to in the Explanation to

actions or proceedings, proceeding

the making of the award under

Section 11 of the said Act. In the

first place, as held by the learned

single judge himself where the case

is covered by Section 17, the

possession can be taken before an

award is made and we see no reason

why the aforesaid expression in the

Explanation should be given a

different meaning depending upon

whether the case is covered by

Section 17 or otherwise. On the

other hand, it appears to us that

the Explanation is intended to

confer a benefit on a land-holder

whose land is acquired after the

declaration under. Section is made

in cases covered by the

explanation. The benefit is that

the award must be made within a

period of two years of declaration,

failing which the acquisition

proceedings would lapse and the

land would revert to the Land-

holder. In order to get the benefit

of the said provision, what is

required, is that the land-holder

who seeks the benefit must not have

obtained any order from a court

restraining any action or

proceeding in pursuance of the

declaration under Section 6 of the

said Act so that the Explanation

covers only the cases of those

land-holders who do not obtain any

order from a court which would

delay or prevent the making of the

award or taking possession of the

land acquired. In our opinion, the

Gujarat High Court was right tin

taking a similar view in the

impugned judgment."

It is not in dispute in this case that the petitioner filed W.P. No.10351/1982, seeking quashing of the acquisition proceedings in question, in respect of the remaining area of 6 acres comprised in S.No. 232/1C in Kottivakkam Village, Saidapet Taluk and obtained an interim order which disabled the Land Acquisition Officer, even though it related to a portion of the survey number in question, to proceed in the matter, much less to pass an Award. The said writ petition was allowed on 8.1.1988. Acquisition, in so far as it related to the extent of 6 acres, comprised in the survey No. referred to above was quashed. Even during the pendency of W.P. No. 10351/1982, petitioner had filed another writ petition, viz., W.P. No. 7645/1986 and obtained an interim order. W.P. No. 7645/1986 related to the remaining portion of 4-33 acres and that writ petition is heard along with this writ petition. However, we pass a separate order in that writ petition. The interim order obtained in W.P. No. 7645/1986 disabling the land Acquisition officer to obtain possession of the land in question, is still in operation. Therefore, from the year 1982 till today, there has been an interim order passed in one of the writ petitions referred to above, operating against the Land Acquisition officer, disabling him to take possession of the land.

Under the circumstances, declaration under Section 6 does not get lapsed and consequently notification under section 4(1) also does not lapse.

The special leave petitions are accordingly dismissed.

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