SATYANARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal under Section 2 of the Madhya Pradesh Uchch Nyayalaya (Khanda Nyaypeeth Ko Appeal) Adhniyam, 2005, the petitioners assail the legality and the propriety of the order dated 30th of November, 2007 passed by the learned Single Judge in W. P. No. 1688/2007. It is not disputed that land of the petitioners admeasuring 4. 19 hectares situated in Village Goyla Khurd, Tehsil and District Ujjain was proposed for acquisition in relation to the scheme of the housing Board and accordingly the notification under Section 4 was issued on 03-08-2001 and declaration was made on 21-09-2001. Before further steps could be taken to bring acquisition proceeding to their logical conclusion by passing award under Section 11 of the Land Acquisition Act (hereinafter referred to as "the Act"), the petitioners challenged the acquisition on various grounds and the proceedings were stayed by the Court/competent authority. It was in this connection that a period of 3 years 6 months and 19 days, during which the stay subsisted, could be excluded for computation of the period of 2 years provided in Section 11a of the Act for passing the award. Learned Single Judge, on the basis of the exclusion of 3 years 6 months and 19 days, came to the conclusion that statutory limit for passing the award was available till 9th April, 2007, with the result, the award passed on 05-03-2007 by the Collector, Ujjain was within the prescribed period.

(2.) THE short contention raised by the learned Counsel for the appellants is that the draft award sent to the Commissioner was itself dated 05-03-2007, with the result it could not have been passed before 26-02-2007, the last date for rendering the award if the period of stay was calculated in accordance with law after excluding the period during which the stay did not subsist. It was in this context that we directed the learned Additional Advocate General to place the copies of the draft award and the final award together with the correspondence relating thereto.

(3.) THE State has filed draft award bearing date 05-03-2007, which was sent to the Commissioner for approval in his ex- officio capacity as Secretary in the Revenue Department under a covering letter dated 22-2-2007. The requisite approval was accorded by the Commissioner/ ex- officio Secretary to the government, by his letter dated 24th February, 2007. Learned Counsel for the appellants contends that it is not the date of approval but the date on which the approval is received by the Collector which is material for computation of the period of limitation prescribed in Section 11a of the Act. In this context, learned counsel for the respondent has invited our attention to a Full Bench decision of hon'ble Karnataka High Court which has taken into consideration a similar contention and held that the approval of the Government to the draft award which is complete in all respects would relate back to the date on which the award was made by the Land Acquisition Officer. Paragraphs 24 and 25 of the report read as extracted below :-