CHIKKAMARAKKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) in these cases an interesting question of interpretation of Section 11-a of the Land Acquisition Act, 1894 (Central Act) as amended by the land acquisition (Amendment) Act, 1984 (hereinafter called 'the act') has arisen for consideration, for the purpose of computing the period of two years in the context of acquisition proceedings getting lapsed. Land acquisition Act, 1894 got amended by act 68 of 1984 and the land acquisition (Amendment) Act, 1984 received the assent of the president of India on 24-9-1984. Earlier to the Amendment Act of 1984, Section 11 of the act as amended by Karnataka Act 17 of 1961 reads as follows:

(2.) the main contention centres round about the meaning to be attached to the words 'make an award' and 'provided'. In the ordinary common parlance 'make' means to bring into being, to cause to exist, to construct, to frame, to fashion to 'make an award' is to form and publish a judgment on the facts. The words 'award' signifies to adjudge, give by judicial determination or deliberate judgment. To make an award is to announce and publish the judgment. It is a judicial act and while sometime said to partake of the attributes of a contract, it is more nearly akin a judgment of regular tribunal and is no more a contract than such judgment being at the same time of higher nature than a mere speciality. A proviso is generally intended to restrain the enacting clause and to exempt something which would have otherwise been with it or in some measure to modify the enacting clause word proviso has divorce operations, sometimes it signifies qualification or limitation, and sometimes a condition or covenant. A proviso is something in-grafted upon preceding enactment and not to enlarge the enacting clause and generally introduced by the word 'provided'. Clause provided generally contains a condition that certain thing shall or shall not be done in order that something in another clause shall take effect. Proviso and condition are synonymous. Section 11 of the act envisages enquiry regarding persons interested, measurements and validation of lands as on the date of preliminary notification made under Section 4 of the act and also making of award. Further it empowers the deputy commissioner to determine compensation and to record true area of land, allowable compensation to the land, and apportionment of compensation among persons interested. Proviso to Section 11 as added by Karnataka Act 17 of 1961 reads as follows:

(3.) in kaliyappan v state of Kerala and others, the Supreme Court while construing the scope and ambit of Section 11-a has observed at para 5 as follows: