GOVERNMENT OF TAMIL NADU Vs. VASANTHA BAI

JUDGEMENT

(1.) Leave granted.

(2.) Notification under S. 4 (1), of the Land Acquisition Act, 1894, (for short, 'the Act'), as amended by Central Act 68 of 1984 was published in the gazette on April 12, 1988 acquiring an extent of 0.87.0 hectare of the land bearing Survey Nos. 84/1-81 and 85/1-B of Madivilagam village, Sriperumpudur Taluk, Chengai Anna District in Tamil Nadu State, for public purpose. After conducting enquiry under S. 5-A, declaration under S. 6 was published in the gazette on April 29, 1989 and the local publication was made on May 2, 1989.

(3.) Calling in question the validity of the notification and the declaration, the respondent filed Writ Petition No. 12888/90. On June 18, 1992, the single Judge of the High Court dismissed the writ petition. Writ Appeal No. 1079/92 was filed. Pending writ petition, the respondent had obtained stay of dispossession by order dated October 19, 1990 and the same was continuing pending appeal. When the writ appeal had come up for final hearing, one of the contentions raised, which persuaded the Division Bench for acceptance, was that under S. 11-A, the award should be made within a period of two years from the date of the publication of the declaration, and since the award was not made within that period, notifications under S. 4(1) and 6 stood lapsed. On that finding by order dated April 6, 1993, the appeal was allowed and the notification under S. 4(1), and declaration under S. 6 were quashed. Thus this appeal by special leave.