M RAMALINGA THEVAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) A Land Acquisition Collector passed award only after the expiry of two years from the date of publication of the declaration under Section 6 of the Land Acquisition Act, 1894 (for short the "Act"). The owner of the land wanted a declaration that proceedings for acquisition covered by the said publication stood lapsed on the expiry of the said period of two years. But a Division Bench of the High Court of Madras which the owner of the land approached for such a relief, repelled his contentions. The High Court took into account the time during which proceedings for taking possession of the land were stayed by an order passed in a writ petition. When that period was excluded from the time fixed for passing the award the Division Bench held that the award was passed within the permitted range of time. The owner of the land challenges the said judgment in this appeal.

(3.) After hearing learned counsel for the appellant we did not find the necessity to issue notice to the respondent State as the appeal can be disposed of without resorting to such a course.