R RAJAMANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE question raised in this appeal filed by the owners of the land against the common order passed by the learned single Judge in W. P. Nos. 19347 of 1993, 2710 to 2713 of 1994, which had been filed for quashing the land acquisition proceedings, relates to applicability of the provisions contained in Section 11-A of the Land Acquisition Act.

(2.) BEFORE considering the question, it is necessary to notice the relevant facts and circumstances:-Notification under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was published in the Gazette on 8. 1. 1986. Subsequently, after holding enquiry under Section 5a of the Act, declaration under Section 6 was notified in the Gazette on 22. 1. 1987. Publication was made in the newspaper on 23. 1. 1987 and the publication in the locality was made on 6. 2. 1987 and 9. 2. 1987. At that stage, the present appellants filed W. P. No. 1583 of 1987 challenging the declaration under Section 6 of the Act. WMP. No. 2409 of 1987 was filed seeking stay in such writ petition. Initially the High Court passed an order of stay on 20. 2. 1987 till 23. 3. 1987. The relevant portion of the order of the High Court is to the following effect :-

(3.) LEARNED Senior Counsel appearing for the appellants has contended that the learned single Judge has erroneously assumed that stay was operative during the entire period when the writ petition and the writ appeal were pending, whereas there was no stay for a considerable length of time. It is submitted by him that while considering the period of stay, the period during which there was an actual order of stay should be excluded and not the entire period during which the writ petitions remained pending.