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State of Punjab v. Sharan Pal .

Supreme Court of India · 14 December 1995 · [1995] SUPP. 6 S.C.R. 665

Court
Supreme Court of India
Decided
14 December 1995
Case no.
C.A. No. 11850-11853 of 1995
Reported as
[1995] SUPP. 6 S.C.R. 665
Result
Appeal(s) allowed
Bench
Venkataswami K. (J)
Length
3 pages
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PETITIONER:
THE STATE OF PUNJAB & OTHERS
Vs.
RESPONDENT:
SHARAN PAL SINGH & OTHERS
DATE OF JUDGMENT14/12/1995
BENCH:
VENKATASWAMI K. (J)
VERMA, JAGDISH SARAN (J)
CITATION:
1995 SCALE (7)310

ACT

HEADNOTE

JUDGMENT

JUDGMENTK.Venkataswami, J.

Leave granted.

By the impugned orders dated 11.10.1990, the High Court of Punjab & Haryana at Chandigarh has held that part of the land acquisition proceedings has lapsed for non-compliance of Section 11A of the Land Acquisition Act, 1894 which requires passing of an award within 2 years from the date of declaration under Section 6 of the Act.

The appellant, State Government, issued notices under Section 4(1) and declaration under Section 6 of the Land Acquisition Act on 1.6.1982 and 17.8.1983 respectively to acquire certain lands. Subsequently, an award was passed by the Land Acquisition Officer on 25.3.1985. The respondents challenged the award contending that the award was not in conformity with Section 11 of the Act inasmuch as the award has determined the compensation for the land only and the amount of compensation regarding the superstructure and trees that were standing on such lands was left to be decided separately. The appellant herein (respondent before the High Court) in its written statement took a stand in the following terms:

"The award is complete with respect of

the land. It was specifically mentioned

therein that for the structures and

trees the award will be announced

separately, because the assessment for

the structures and trees standing

thereon had not been received from the

respective departments."

However, the High Court has accepted the contention advanced on behalf of the respondents herein (petitioners before the High Court) and held as follows:

"The Land Acquisition Collector made the

award on March 25, 1985 relating to the

land and not for the super-structures

and trees standing thereon. The award

rendered by the Land Acquisition

Collector was not the one envisaged

under Section 11 of the Act. The same

envisages the award for the Unit,

namely, the land, buildings and super-

structure and standing crops and trees

thereon. The acquisition proceedings

would lapse in so far as the award

relates to that portion of the acquired

land on which the super-structures and

trees were standing on the date the

award has been made."

Aggrieved by the above orders of the High Court the present appeals are filed.

An identical issue came up before this Court in Judgment Today 1995 (8) SC 599 Mohanji & Another vs. State of U.P. & Others wherein it was held on 4.8.1995 as follows :

"A perusal of the award dated

23.9.1986 leaves no doubt that the

compensation awarded therein is for the

entire land measuring 0.99 acres bearing

Plot No.1311 belonging to the appellants

which was acquired in the proceedings.

It also appears from the award that the

valuation report which had been sought

from the Public Works Department had not

been received and, therefore, the Land

Acquisition Officer contemplated

determination of compensation for the

building in addition to the compensation

awarded for the entire land being made

on a subsequent date after the expiry of

the specified period of two years under

Section 11 of the Act. The question is

whether in these circumstances it can be

said that no award had been made under

Section 11 of the Act in the proceeding

for the acquisition of the land?

It is no doubt true that the entire

award which is contemplated under

Section 11 of the Act by virtue of the

prescription in Section 11A has to be

made within the period of two years

failing which the entire proceeding

shall lapse. The question is whether it

can be said in the present case that no

award has been made under Section 11 of

the Act in this proceedings? In our view

it cannot be said that no award under

Section 11 has been made for the land

acquired. Admittedly, compensation has

been determined in the award so made for

the entire area of 0.99 acres. In view

of the fact that no piecemeal award by

making a subsequent award after the

expiry of the period of two years is

contemplated in law, the award dated

23.9.1986 must be construed as the whole

award made under Section 11 awarding

compensation for the entire area of 0.99

acres with no compensation was awarded

for the building. The appellants, had

the right to claim compensation for the

building by seeking a reference under

Section 18 of the Act treating the award

as one in which compensation had been

determined and awarded only for the

entire land measuring 0.99 acres but no

compensation was awarded for the

building therein. The appellants had the

remedy to claim compensation for the

building in accordance with law treating

the award made as not awarding any

compensation for the building. That is,

however, a different matter and it does

not require any further consideration in

this context. It is sufficient to say

‘that the award dated 23.9.1986 made

within the period specified in Section

11A of the Act must be construed as an

award under Section 11 in the

proceedings for acquisition of the

appellants’ land bearing Plot No. 1311

having a total area of 0.99 acres. The

contention that the entire proceedings

for acquisition of the land has lapsed

by virtue of Section 11A cannot,

therefore, be accepted."

The ratio as extracted above squarely applies to the facts of this case. Accordingly, we hold that the impugned award dated 25th March, 1985 within the period specified in Section 11A of the Act must be construed as an award under Section 11 in the proceedings for the acquisition of the lands in question and the contentions to the contrary cannot be sustained. However, we leave open the rights of the respondents to claim compensation for the buildings/trees in accordance with law treating the award already made as one not awarding any compensation for the buildings/trees.

In the result, the appeals are allowed and the orders of the High Court under appeal are set aside. No costs. 5871

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