L N VENKATESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These Special Leave Petitions arise from the judgment of the Division Bench of the Madras High Court, made on July 19, 1996 in W. M. P. No. 5231/88. Notification under Section 4(1) of the Land Acquisition Act was published on 11-6-1975. Declaration under Section was published on March 3, 1978. The petitioner filed W. P. No. 7645/86 and obtained stay of dispossession. Since the award was not made within two years under Section 11-A, he filed another writ petition, viz., W. P. No. 3450/88. The High Court holding that the bar of proviso does not attract the operation of the stay obtained by the petitioner in the earlier writ petition. Therefore, the acquisition does not stand lapsed. Learned counsel for the petitioner contends that the interim stay granted was "not to dispossess" the petitioner and there is no impediment for the authorities to proceed further in passing the award. We find no force in the contention.

(2.) Section 11-A of the Act which reads as follows:

(3.) The principle laid down by this Court in Yusufbhai Noormohamed Nendoliya v. State of Gujarat, AIR 1991 SC 2153, is that the owner of the land or a person, who is interested in the land and wants to take advantage of Section 11-A of the Act, must not have obtained an interim order, against, the Land Acquisition Officer, of whatsoever nature. The relevant portion of the said judgment, which is contained in paragraph 8 is as follows:-