B.I.C. LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the notice dated 21.4.1999 (Annexure P-1) under Section 9 of the Land Acquisition Act, 1894 (for short "the Act") and the consequent award dated 16.6.1999 (Annexure P-2) on the ground that in the absence of any award having been made within the statutory period of two years prescribed under Section 11-A of the Act, the acquisition proceedings pertaining to the land of the petitioners had already lapsed.

(2.) THE State of Punjab vide notification dated 5.7.1995 issued under Section 4 of the Act purported to acquire the land belonging to the petitioner situated at Madhopur Cantt., Tehsil Pathankot, District Gurdaspur, for construction of Shahpur Kandi Hydel Channel. Objections under Section 5-A of the Act were duly invited from the persons interested in the aforesaid land and after hearing the objectors a declaration under Section 6 of the Act had been made giving the particulars of the land as required for the public purpose of constructing the Shahpur Kandi Hydel Channel. The declaration was published in the official gazette on 20.9.1996. According to the petitioner the award under section 11-A of the Act was required to be made within a period of two years from the date of publication of the declaration under Section 6 of the Act in the official gazette i.e. 20.9.1996 and since no award had been made within the period of two years commencing from 20.9.1996 the entire proceedings for the acquisition of the land stood lapsed. Thus, according to the petitioner, there were no acquisition proceedings pending either on 21.4.1999 when the impugned notice (Annexure P-1) was issued or on 16.6.1999 when the impugned award under Section 11-A of the Act (Annexure P-2) had been passed.

(3.) SH . Ramesh Kumar, Advocate, appearing on behalf of the petitioner did not controvert the fact of the publication of the substance of the declaration in the locality by way of proclamation on 24.6.1997. However, his case was that the period of two years as specified in Section 11-A of the Act had to be computed from the date of publication of the declaration in the official gazette. The learned counsel placed reliance on the following decisions of the Supreme Court: