PATHROSE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER's land was notified for acquisition under s. 3 (1) of the Kerala Land Acquisition Act 1961 far the purpose of constructing a building for the local Village Office. A copy of the notification is Ext. P1 dated 4-8-1983. The petitioner filed his objections to the proposed acquisition on 27-8-1983. The declaration under S. 6 of the Act has not so far been published. The Original Petition was filed on 8-7-1985 challenging the acquisition proceedings as mala fide. An interim order was passed by this court on 9-7-1985 directing the respondents not to dispossess the petitioner from the property, but there was no stay of further proceedings pursuant to the notification Ext. P1.

(2.) COUNSEL for the petitioner contends that since the three year period limited by the first proviso to S. 6, for the issue of declaration, expired in August, 1986, the proceedings for acquisition have lapsed. COUNSEL puts it very simplistically, pointing out that there was no stay of further proceedings pursuant to the notification under S. 3 (1), and therefore the declaration had to be issued within the period of three years as stipulated by the first proviso to S. 6. The learned Government Pleader on the other hand, contends that as per explanation I to S. 6 (1) of the (Central) Land Acquisition Act, 1894, which was extended to the State of Kerala by Central Act 68 of 1984, with effect from 26-9-1984 and which governed the proceedings in question, the period during which any action or proceeding to be taken in pursuance of the preliminary notification is stayed by an order of court is liable to be excluded in the computation of the period of three years. His contention is that taking possession of the land is one of those acts to be undertaken pursuant to the notification and since that had been stayed by this court on 9-7-1985, the period from 9-7-1985 upto this date has got to be excluded in the computation of the period of three years available for issuing the declaration under S. 6