LAWS(CHH)-2013-6-9

HETRAM Vs. STATE OF CHHATTISGARH

Decided On June 19, 2013
HETRAM Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The main point involved in this writ appeal is, 'Whether the award under section 11 of the Land Acquisition Act (the Act) was not made within two years from the date of the publication of the declaration and as such the acquisition has lapsed.' It arises in this appeal against the order of the single judge dated 17.02.2012, dismissing the Writ Petition (C)-2530 of 2010, filed by the Appellants challenging acquisition of their land.

(2.) It was proposed to acquire 12.851 hectares of land in village Barmuda, district Raigarh for the purpose of constructing canal for Kelo dam project. In this respect, a notification under section 4(1) of the Act was published in the locality by affixation and Munadi on 27.02.2007. It was also published in daily newspaper on 03.03.2007 and in the official gazette on 09.03.2007.

(3.) In respect of the aforesaid land, a declaration under section 6 of the Act was made on 24.08.2007. It was published in the newspaper on 04.09.2007 and in the official gazette on 14.09.2007. In this case, public notice of the substance of such declaration at the convenient place was given by affixation and Munadi. There is some dispute about the date on which it was done,