NIRANJAN NATH KAUL Vs. STATE

JUDGEMENT

(1.) THE facts which are apparent from the award given by the Collector (Deputy Commissioner) Pulwama on 21st of Oct. 2000, are being taken note of. The Director Horticulture (Procurement andMaketing) Srinagar, requested the Collector to acquire 40 Kanals of land at Shopian for Development of Fruit Mandi. On receipt of this request a notification was issued under Section 4 of the Land Acquisition Act. This notification was issued on 24th of December 1996. The further fact is that 21 Kanals and 12 Marlas of land came to be acquired through private negotiation. However, with regard to the remaining land further proceedings were taken. Notification under section 6 and 7 came to be issued on 2nd of March 2000. Thereafter, award was passed .This was passed on 21st of Sep. 2000. (sic)

(2.) THE petitioner challenges the Acquisition proceedings on the grounds that the award which has been made on 21st of Oct. 2000, is barred by limitation. For this reliance is being placed on section 11(B) of the J&K Land Acquisition Act. As much depends on the interpretation of section 11(B) of the J&K Land Acquisition Act and as to what is meant by the words declaration as contained proviso to section 11(B), it would be apt to refer to section 4, section5, section 6, section 7 and section 11(B) of the Land Acquisition Act. Section 4 of the Act deals with publication of preliminary notification and powers of officers to take further action, section 5 -A deals with hearing of objections, section 6 deals with the concept of declaration that the land is required for public purpose. At this stage it would be apt to take notice of section 6, section 7 and section 11(B) of the Land Acquisition Act. These reads as under: "Declaration of intended acquisition. 6, Declaration that land is required for public purpose : (1) when the Government is satisfied after considering the report, if any, made under section 5 -A, sub -section(2), that any particular land is needed for public purpose, a declaration shall be made to that effect under the signature of the Revenue Minister or of some officer duly authorized in that behalf. Provided that no such declaration shall be made unless the compensation to be awarded for such property is to be paid wholly or partly out of the public revenues or some fund controlled or managed by a local authority. (2) The declaration shall be published in official gazette, and shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate areas, and where a plan shall have been made of the land, the place where such plan may be inspected. (3) The said declaration shall be conclusive evidence that land is needed for a public purpose, and after making such declaration the government may acquire the land in manner hereinafter appearing. 7. After declaration collector to take order for acquisition : - Whenever any land shall have been so declared to be needed for a public purpose, the Revenue Minister or some officer duly authorised by the Government in this behalf shall direct the collector to take order or acquisition of the land." Section 11(B) of the land Acquisition Act reads as under: - 11(B). Period within which an award shall be made: - The collector shall make an award under section 11 within a period of two years from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of land shall lapse. Provided that in case where the said declaration has been published before the commencement of the State Land Acquisition(Amendment)Act, 1997, the award shall be made within a period of two years from such commencement. Explanation: - In commputing the period of two years referred to in this section, the period during which any action or proceedings to be taken in pursuance of the said declaration is stayed by an order of a court, shall be excluded."

(3.) A plain reading of the aforementioned provisions would make it apparent that the period of two years is to be taken from the date of the declaration. The declaration contemplated by section 11(B) is the declaration made under section 6. This is the plain meaning of the provision. In the present case declaration under section 6 was made on 2nd of March 2000, the award was made on 21st of Oct. 2000. This would be within the period of limitation. In view of the above, this petition is found to be without merit and is dismissed.