BHARAT COKING COAL LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.7.88 passed by a learned single Judge of this Court by which he has allowed the writ application filed by the respondents no. 3 & 4 and has held that the Land Acquisition Proceeding No. 7/1965 -66 has lapsed due to non -publication of the Award within two years from the date of coming into force of Section 11 A of the Land Acquisition Act (hereinafter referred to as the Act). While coming to the said finding the learned single judge has held that the Award purported to have been made on 23rd September, 1986 is manipulated and antedated.

(2.) THE facts giving rise to the present appeal are as follows : - A preliminary notification under Section 4 of the Land Acquisition Act was issued for acquisition of the land for the Coal Board. The said case was numbered as Land Acquisition Case no. 7/1965 -66. A declaration under Section 6 of the Act was made on 31st July, 1964. In the mean -time the Coal Board was dissolved and the assets and liabilities of the Coal Board were vested with the appellant vide notification dated 1.4.75 issued under Coal Mines Minerals (Conservation and Safety) Act. Thereafter, the appellant requested the Land Acquisition Officer for delivery of possession. On 24.2.83 the possession was given to the appellant. While Land Acquisition Proceeding was going on the respondent nos. 3 & 4 filed C.W.J.C. No. 464/83 (R) challenging the land acquisition proceeding primarily on the ground of delay in its conclusion. In the said application an order of status quo was passed on 23.3.83. On 24.9.84 the Land Acquisition Act was amended by the Act 68/84 and Section 11A was inserted, which provides the period within which the Award shall be made. According to the said provision the Award has to be made within two years from the date of the publication of the declaration and if no Award is made within the aforesaid period the entire proceeding of the Land Acquisition shall lapse. It was provided in the proviso that in case where declaration has already been published before the commencement of the Act no. 68/84 in that case the Award has to be prepared within two years from such commencement.

(3.) IT appears from the record that on 20.5.85 the interim order was vacated and this Court directed the Land Acquisition Officer to conclude the proceeding within six months. Thereafter, the Land Acquisition Officer made an Award on 23.9.86 and ordered for issuance' of notice under Section 12(2) of the Act. Thereafter, the respondents no. 3 & 4 filed an amendment application on 20.8.87 praying therein that as the Award has not been prepared within two years from the date of commencement of the Act the Land Acquisition Proceeding has lapsed. The said matter was finally heard by a learned single Judge of this Court and who by the impugned judgment dated 12.7.88, as stated above, has held that the Land Acquisition Proceeding has lapsed on account of non -preparation of the Award within two years from the date of commencement of the Act.