SACHIDANAND LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The facts involved in these two writ petitions and the law applicable thereto are the same, they were heard together and are being disposed of by this judgment.

(2.) On 16th July, 1982, a notification under S.4 of the Land Acquisition Act, 1894 (the Act) was published in Ranchi District Gazette for acquisition of number of plots for setting up an industrial Area in Lohardaga, copy of notification is Annexure-1 to the writ petition. On 1st. Feb., 1985, a declaration under S.6 of the Act was published in Ranchi District Gazette, copy of which is Annexure-2 to the writ petition. Award was published on 5-11-1987. According to the petitioners, since award has not been published within two years from 24-9-1914 when S.11-A of the Act came into force, it was invalid.

(3.) In the counter-affidavit, inter alia, it has been stated on behalf of respondent 4 that some of the persons had moved this Court challenging the validity of the acquisition, the subject matter of Annexures-1 and 2; that was registered as C.W.J.C. No. 319 of 1985(R). In that writ petition, a Bench of this Court on 24-4-1985 passed an interim order to the effect that pending further orders. The respondents are restrained from making any award with respect to the land in question. On 4-4-1986 on the basis of a petition filed by the petitioner in that case and the Collector, respondent in that case in which it was stated that the land of the petitioners of that case had been de-notified, the case was disposed of. It is the case of the respondents that in view of the order of stay passed on 24-4-1985 in that writ petition which automatically stood vacated on 4-4-1986, that period shall have to be excluded for computing the period of two years from 1st. Feb., 1985 and if that is done, it is their further case, the award has been published within the time prescribed under S.11A of the Act.