Lichho Devi and anr. Vs. Union of India and ors. - Court Judgment

Excerpt:

the case debated over computation of limitation to make award under section 11-a of the land acquisition act, 1894 - the court ruled that the stay of dispossession of land was not relevant since there was a failure to make award during the stipulated time of two years - thereforee, the land stand was to be released from acquisition. - .....provision of section 16 of the act make it clear that making of an award is a condition precedent to the taking of possession and until an award is made, possession cannot be taken of any land. (11) in the instant case, there is no assertion that provisions of section 17 have been invoked and possession was taken on account of urgency. in this view of the matter, the award not having been made within the period stipulated by the statute, the notification concerning acquisition of khasra numbers 127 and 173 has to be declared to be of no effect in view of provisions of section 11(a) of the act. so ordered. the aforesaid two khasra numbers 127 and 173 stands released from the acquisition notifications issued with respect thereto. (12) no costs.

Judgment:

ORDER

PASSEDON25.4.1995WASONLY with regard to stay of dispossession. It, in no way, interfered with or stayed further proceedings in the matter of acquisition of land in question in these proceedings. As such, there is no difficulty in making of the award. As stated above, no award has been made in this case.

(10) Counsel for the respondent has attempted to argue that taking of possession is an important part of the proceedings under the Land Acquisition Act. To our mind, the provision of Section 16 of the Act make it clear that making of an award is a condition precedent to the taking of possession and until an award is made, possession cannot be taken of any land.

(11) In the instant case, there is no assertion that provisions of Section 17 have been invoked and possession was taken on account of urgency. In this view of the matter, the award not having been made within the period stipulated by the Statute, the notification concerning acquisition of Khasra Numbers 127 and 173 has to be declared to be of no effect in view of provisions of Section 11(A) of the Act. So ordered. The aforesaid two Khasra Numbers 127 and 173 stands released from the acquisition notifications issued with respect thereto.

(12) No Costs.