STATE OF HARYANA Vs. DEWAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The notification under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act") was furnished on January 22,1981. Notices were given under Section 9 of the Act. The Collector after conducting an enquiry made an award on April 19, 1984 and allegedly took possession of the land on the even date. The respondents assert that they are in possession. The respondents filed the writ petition on May 13, 1985 challenging the notification under Section 4(1) of the Act on the ground that dispensing with an enquiry under Section 5-A exercising power under Section 17(4) of the Act was bad in law as there was no urgency and the award was, on the face of the case, valid in law. The High Court by order dated May 27, 1985 allowed the writ petition following Dharam Singh v, State of Haryana (C.W.P No. 2891 of 1984 decided on 9th November, 1984). Thus this appeal by special leave.

(3.) It is contended by the appellant that after the award has been made, the respondent received compensation and also sought reference under Section 18. The Land Acquisition Officer was competent to make the award within two years under Section 11-A of the Act after the Amendment Act 68 of 1984. The award came to be made within that period. So the proceedings under Sections 4 and 6 shall not stand lapsed by operation of Section 11-A of that Act.