BANDHAKAVI SEETA MAHALAKSHMI Vs. COLLECTOR WEST GODAVARI

JUDGEMENT

(1.) The petitioner is the owner of the land in R.S.No.22/3, Sajjapuram village, Tanuku Mandal, West Godavari District.

(2.) Through their notification dated 25-2-1999 issued under Section 4 (1) of the Land Acquisition Act (for short 'the Act'), the respondents proposed to acquire Ac.0.43 cents of land belonging to the petitioner. Section 17 (1) of the Act was invoked and advance possession thereof was taken. The notification under Section 6 of the Act came to published on 26-2-1999. Notice under Section 9 of the Act was issued on 24-3-1999 and notices in award enquiry were issued on 4-4-2000. The petitioner responded to the same and submitted her claim statement on 25-4-2000. The complaint of the petitioner is that though the possession of the land was taken way back in the year 1999, neither 80 per cent of the compensation as provided for under Section 17 (3A) of the Act was paid, much less an award was passed.

(3.) Mr. K.V. Satyanarayana, learned counsel for the petitioner submits that since the award in respect of the land of the petitioner was not passed within two years from the date of publication of the notification under Section 6 of the Act, the entire proceedings are deemed to have lapsed in view of Section 11-A of the Act. He further submits that the question of non- application of Section 11-A of the Act to any acquisition would arise if only 80 per cent of the compensation as provided for under Section 17 (3A) of the Act is paid.