G NARAYANASWAMY REDDY Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) A few facts are necessary for the disposal of these petitions.

(2.) The petitioners were the owners of certain lands which were acquired by the respondents under the provisions of Ss. 17 and 19 of the Bangalore Development Act, 1976 (hereinafter referred to as "the Bangalore Act"). Under the provisions of S. 36 of the Bangalore Act, where the acquisition is otherwise than by agreement, it will be regulated by the provisions, as far they are applicable, of the Land Acquisition Act, 1894 (hereinafter referred to as "the Land Acquisition Act"). Section 11-A of the Land Acquisition Act, which section was included in the said Act in 1984 as set out hereinafter, very briefly stated, provides that the Collector must make his award within two years from the date of the publication of the declaration and, that if no award is made within that period, the entire proceedings for acquisition of the land shall lapse. Under the Explanation to the first proviso to Section 11-A, " '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". It was, inter alia, contended by the petitioners that as the awards in these cases have not been made within two years of the notification making the declaration under S. 4 of the Land Acquisition Act, the entire acquisition proceedings had lapsed. That contention was repelled along with certain other contentions in the judgment of the High Court which is sought to be impugned before us. The relevant dates which have to be borne in mind in this connection are as follows:

(3.) There will be no order as to costs of these petitions.