HINDUSTAN COPPER LTD Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER M/s. Hindustan Copper Ltd. , is a Govt. of India enterprise registered under Companies Act, 1956. Petitioner/company takes up extraction work of copper ore in various parts of the country depending on its availability. Petitioner/company in order to undertaking mining operations in Malanjkhand Copper Project, moved the State Government for acquisition. There are about 1800 workers working in the copper project at Malanjkhand. Petitioner/company required 5000 acres of land as per the lay out that was chalked out with the help of Russian Advisors. Proceedings were initiated for acquisition of the land as per the request made by the petitioner in letter Annexure A dated 3rd January, 1978. Notification under Section 4 read with Section 17 (1) of the Land Acquisition Act was issued on 12-4-78 published in Official Gazette on 21 st April, 1978. Enquiry under Section 5-A was dispensed with as the provision under Section 17 (1) was invoked; notification under Section 6 was issued on 24th April, 1978. Possession was taken as per Panchnama Annexure E on 3-7-78; the fact also finds place in Annexure B. Possession receipt is also annexed alongwith Annexure E. The Land Acquisition Officer dropped the proceedings on ground that award could not be passed within two years, hence the proceedings for acquisition stands lapsed. Petitioner challenges the orders (Annexures F and G) on the ground that once possession was taken vesting is complete, Section 11-A would not cover the cases where lands have already vested in exercise of powers under Section 17 (1) of the Act.

(2.) RETURN has been filed by respondent Nos. 1 to 3 in which it has not been disputed that possession was taken on 3-7-78 as per Annexure E. It is contended that on account of lapse on part of the Company to deposit 80% of the estimated amount of the land for payment with the Land Acquisition Officer, hence, award could not he made within two years, therefore, the petitioner/company could not take the advantage of laches; acquisition proceedings have now lapsed and no further action can be taken in Case No. 1-A/82/77-78.

(3.) THE only question for consideration is whether proceedings for acquisition stand lapsed and Section 11-A is attracted when possession has been taken invoking Section 17 (1) of the Land Acquisition Act.