C. SARGUNAM Vs. THE STATE OF TAMIL NADU REPRESENTED BY COMMISSIONER AND SECRETARY, TRANSPORT DEPARTMENT AND ORS.

JUDGEMENT

(1.) PETITIONER in W.P. No. 9325 of 1982 is the appellant. The three respondents therein are the three respondents herein.

(2.) THE appellant owns lands of an extent of 3.22 acres in S. No. 22/1B in Viswanathan Village. First respondent issued a section 4 (1) notification for acquisition of the said land in G.O. Ms. No. 58, Transport, dated 12.1.1982. This was done pursuant to a requisition made by Pandian Roadways Corporation by letter dated 7.2.1981 stating that it proposed to construct a depot for maintenance of buses, and therefore, acquisition proceedings will have to be initiated by invoking urgency provisions as there are no structures on the land. Hence the enquiry under section 5 -A had been dispensed with by invoking section 17 (4). Section 6 declaration was published in the gazette on 10.2.1982. Notices under sections 9 (1) and 10 were issued on 11.2.1982, and possession came to be taken on 26.2.1982. When the award enquiry stood adjourned to 25.11.1982, W.P. No. 9325 of 1982 was filed and interim stay was obtained on 23.11.1982. The writ petition was dismissed on 20.8.1983. The writ appeal was filed on 25.8.1983 and interim stay was obtained on 7.9.1983. This order of interim stay granted in C.M.P. No. 11815 of 1983 in this appeal was vacated on 3.12.1984. So far no award had been passed.

(3.) MR . K. Govindarajan, learned counsel for the appellant, submits that as per section 11 -A of the Land Acquisition Act, in any event, within two years from 3.12.1984 the Collector having not passed the award, the entire proceedings for the acquisition of appellant's lands have lapsed. Section 11 -A as inserted by Central Act 68 of 1984 reads as follows: