MANMOHAN LAL GUPTA ADVOCATE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER made in this petition is for quashing the acquisition proceedings by issuing notifications under Section 4 dated 30. 11. 1992 (Annexure P-2) and under section 6 dated 25. 11. 1993 (Annexure P4), issued under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), on the ground that the award, Annexure P-7, given under section 11-A of the Act was beyond the statutory period of two years after the publication of the notification under section 6 of the Act and, therefore, the proceedings for acquisition of the land would be deemed to have lapsed.

(2.) STATE of Punjab issued a notification for acquisition of the land, including that of the petitioner, for setting up a New Mandi Town at Bhikhi, Tehsil and District Mansa, under section 4 of the Act on 30. 11. 1992, which was duly published in the Punjab Government Gazette on 30. 11. 1992, in response to which, petitioner filed his objections under section 5-A, of the Act. Objections filed under section 5-A were rejected and a notification under section 6 or the Act was published in the official gazette on 25. 11. 1993. It was published in two newspapers dated 21. 12. 1993 (Punjabi Tribune) and 24. 12. 1993 (English Tribune ). The same was also published in the locality on 24. 1. 1994. Award was announced on 15. 1. 1996. In the petition, the dates of publication of section 6 of notification in the newspapers and in the locality have not been mentioned. These facts have been brought out in the written statement filed by the respondents.

(3.) UNDER the statute, three modes of publication have been provided i. e. the official Gazette, two daily newspapers and in the locality. The last of such publication is to be taken as the publication of the declaration. Section 11-A provides that 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.