SANTOSH KUMARI Vs. STATE

JUDGEMENT

(1.) These writ petitions are by the rental occupants of buildings and portions of land acquired by the Government for the purpose of widening the road between the Victory Tunnel and the Winter Field building in the city of Simla. The notification under sec -tioQ4 0) of the Land Acquisition Act was issued on 25 -2 -1986 and was published in two daily news papers on 23 -3 -1986 and 4 -4 -1986. Annexure P -8 is the copy of the notification. It was published in the locality on 3 -4 -1986 and 9 -4 -1986. Annexure P -8 notification was published in the gazette on 14 -64986.

(2.) The declaration under section 6 of the Act was made on 18 -5 -1987 and it was published in the gazette on 6 -6 -1987. The final declaration was published in the news paper on 3 -7 -1987. The Collector after requisite enquiry under section 11 of the Act passed an award on 1 -7 -1989. The Government granted approval for the award as per Annexure RA order dated 7 -7 -1989.

(3.) Counsel for the petitioners in both these writ petitions challenge the award on the following three grounds: The declaration is not published within one year after the preliminary objections under section 4 (1); The award has not been passed within two years after the declaration was made as required by section 11 -Aof the Act ; and The award is in violation of the first proviso to section 11 (1) of the Act.