PYARE LAL Vs. STATE OF U P

JUDGEMENT

(1.) R. N. Misra, J. This writ petition has been filed by the petitioners for issuance of writ, order or direction in the nature of mandamus declaring the land acquisition proceedings in respect of plots in dispute to have lapsed under Section 11a of the Land Acquisition Act (hereinafter referred to as the 'act' ). They have further prayed for the relief from their dispossession over the land. In the alternative they have taken shelter of Section 48 of the Act

(2.) WE have heard Shri W. H. Khan, learned Senior Counsel assisted by Shri J. H. Khan, learned Standing Counsel for the respondents No. 1 and 3 and Shri A. K. Mishra, learned Counsel appearing for the respondent No. 2.

(3.) THIS is admitted fact that the petitioners had challenged the notification under Sections 4 and 6 of the Act in respect of the plots in dispute by filing Civil Misc. Writ Petition No. 13700 of 1992, in which interim order regarding disposses sion was passed on 7. 4. 1992 and the said writ petition was dismissed on 24. 7. 2000 and the stay granted earlier was vacated. The possession memo Annexure-CA-1 shows that the possession was allegedly taken on 1. 11. 2002, meaning thereby much after two years of dismissal of the writ petition in which the stay had been granted. Thus, apparently there was no urgency as required under Section 17 of the Act. The award has not yet been made, this is also admitted position. Thus, it is also clear that the period of much more than two years have passed and the Collector has not made any award regarding the disputed plots. Therefore, under the provisions of Section 11a of the Act, the entire acquisition proceedings auto matically lapsed. For ready reference Section 11ais quoted below: "period within which an award shall be made.- The Collector shall make an award under Section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), the award shall be made within a period of two years from such commencement. "