LAWS(DLH)-1990-11-53

HARBANS SINGH Vs. UNION OF INDIA

Decided On November 08, 1990
HARBANS SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ petition is based on the provisions of Section 11.A of the Land Acquisition Act, 1894 as amended in 1984 (hereinafter referred to as 'the Act'). The provisions of the said Section of the said Act came into force with effect from 24.9.84, and read as under :

(2.) Learned counsel for the petitioner contends that his case is covered by the Proviso to the aforesaid Section. A couple of dates may be noticed here The Notification under Section 4 of the Act was made on 13.11.59 Section 6 Notification came on 27.5.67. Notices under Sections 9 & 10 of the Act were issued on 29.12.67. Till date the award has not been made. Consequently, as per the provisions of the aforesaid Section, the entire proceedings in the acquisition of the land in question have lapsed. The same view has been taken by a Division Bench of our Court in the case of Smt. Lakshmi Devi and others v. UOI & others in C.W.P. 2232/89 decided on 16.2.1990.

(3.) The result is that the writ petition is allowed. The rule is made absolute. No costs. Appeal allowed