STATE OF TAMIL NADU Vs. PRAMILA RAJARAM

JUDGEMENT

(1.) THE appeal is filed by the Government of Tamilnadu represented by its Secretary to Government, Housing and Urban Development Department and the Special Tahsildar, Land Acquisition, Neighbourhood Scheme, Ayyan Thirumaligam Road, Salem, questioning the order of this Court dated 29. 01. 2004 made in writ petition No. 19284 of 1996 wherein and whereby the entire land acquisition proceedings initiated in G. O. Ms. No. 987 Housing and Urban Development Department dated 01. 11. 1982 has been set aside on the ground that the award passed on 10. 12. 1996 was beyond the period prescribed under section 11a of the Land Acquisition Act.

(2.) THE facts are : The proceedings for acquisition of land for Housing scheme was initiated by the Government in G. O. Ms. No. 987 Housing and Urban Development Department dated 01. 11. 1982, and published in the Government Gazette on 24. 11. 1982, followed by declaration under section 6 of the Act in G. O. Ms. No. 148 dated 02. 02. 1985 published in the Government Gazette on 20. 02. 1985. Aggrieved by the proceedings, the respondent herein filed writ petition No. 3646 of 1987 and obtained an interim order of stay of all further proceedings. The writ petition was finally allowed on 24. 10. 1991 and the appeal filed by the appellant herein in writ appeal No. 406 of 1994 came to be allowed by the Division Bench of this Court by its order dated 29. 08. 1996. Subsequently, the award came to be passed on 10. 12. 1996. Thereafter, the petitioner filed the present writ petition on 24. 12. 1996 seeking for issuance of writ of certiorari to call for the records relating to the 4 (1) notification in G. O. Ms. No. 987 Housing and Urban Development Department dated 01. 11. 1982, and the declaration under section 6 of the Act in G. O. Ms. No. 148 dated 02. 02. 1985 and quash the same as lapsed in so far as it related to the land belonging to the respondent.

(3.) IT was contended before the writ Court that the local publication of the declaration under section 6 of the Land Acquisition Act was made on 22. 05. 1985 and therefore, in terms of section 11a of the Land Acquisition Act, the award should have been passed within a period of two years from the said date and if no award is made within that period, the entire proceedings for the acquisition of land shall lapse. In the present case, because of the pendency of the writ petition and writ appeal, the period between 08. 04. 1987 the date on which the stay was granted in the writ petition, and 29. 08. 1996, the date on which the writ appeal was allowed is to be excluded in calculating the period of limitation. As on the date when the order of stay was passed, the appellant was only left with only 43 days to pass an award. The award ought to have been passed on or before 12. 10. 1996. However, the award has been passed on 10. 12. 1996 and hence is hit by section 11a of the Act.