GURCHARAN SHANNA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners land was initially notified under Section 4 of the Land Acquisition Act on 23:3.1981. That proceeding was dropped on 9.10.1983. Again a notification was issued under Sections 4 and 17 together on 3.12.1990 (Annexure P -8). But even before invoking of Section 17 under the later notification the Government had taken possession in 1981, according to the petitioner. But by virtue of the notification dated 3.12 1990 invoking the provisions of Section 17 of the Land Acquisition Act, the land has vested absolutely in the Government free from all encumbrances as per Section 17(1) of the Land Acquisition Act.

(2.) As no attempt was made to finalise the proceedings in the acquisition and pay the compensation to the petitioner, he was obliged to file C.W.P. No 780 of 1982 in this Court. The Court passed an order on 21st December, 1992 directing the respondents to pass an award in accordance with law, within two months there from and make arrangement for the payment of compensation to the petitioner.

(3.) Thereafter, the Land Acquisition Collector, Sub Division. Theog, Distt. Shimla passed an order dated 17.2.1993. According to that order, a period of two years had already elasped from the date of declaration and on account of provisions of Section 11 -A of the Act, the proceedings automatically lapsed and there was no liability to continue the proceedings under the Act. However, the officer added that the Government having been in possession of the land throughout should compensate the loss caused to the owner, namely, the petitioner and he also assessed the said compensation at Rs.33,280/ -.