JEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by the judgment delivered by the High Court of Delhi in CWP No. 3193 of 2003 dated 1st August, 2003 and in CM No. 9049 of 2003 in CWP No. 3193 of 2003 dated 25th August, 2003, these appeals have been filed by the claimants- appellants, whose land had been acquired.

(2.) The appellants filed a writ petition in the High Court praying that the land acquisition proceedings in question be quashed as the award dated 21st April, 2003 made in respect of the land in question was made in violation of the provisions of Section 11A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). It was submitted before the High Court that according to the provisions of Section 11A of the Act, the award under Section 11 should be made within two years from the date on which declaration under Section 6 of the Act is made. According to the appellants, who were the petitioners before the High Court, the declaration under Section 6 of the Act was made on 9th April, 1997 and it was published on 14th April, 1997 whereas the award was made on 21st April, 2003. As there was delay beyond the period of two years in making the award, according to the appellants, the acquisition proceedings had lapsed as per the provisions of Section 11A of the Act. Of course, it was submitted before the High Court that the proceedings had been stayed for sometime by virtue of an order dated 12th February, 1999 passed in CWP No. 6687 of 1998 but the said stay order had been vacated on 23rd July, 2002 and even after ignoring the period during which the stay was operating, the authority had taken more than two years for making the award and, therefore, the proceedings had lapsed.

(3.) The High Court dismissed the petition as it was of the view that though the stay granted, in CWP No. 6687 of 1998, was vacated on 23rd July, 2002, the said order was communicated to the Land Acquisition Collector on 27th March, 2003 and, therefore, the award was made within the period prescribed in Section 11A of the Act.