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Issues: Whether the time limit prescribed by the amended first proviso to Section 6 of the Land Acquisition Act, 1894 applied to acquisitions for a development scheme under the Punjab Town Improvement Act, 1922, and whether the notification under Section 42 issued more than three years after the first publication under Section 36 was valid.
Analysis: The statutory scheme showed that the Punjab Town Improvement Act, 1922 did not incorporate the Land Acquisition Act, 1894 by reference so as to freeze its provisions as they stood in 1922. The Act only resorted to the Land Acquisition Act for acquisition machinery, subject to the modifications contained in the Improvement Act, and there was nothing to indicate a contrary intention excluding later amendments. The first publication of notice under Section 36 was treated by the Schedule as having the same effect as a notification under Section 4(1) of the Land Acquisition Act, and therefore the declaration under Section 42 had to conform to the then-applicable limitation in Section 6, including the three-year period introduced by amendment. As the notice was first published on 30 May 1977 and the Section 42 notification was published only on 30 June 1980, the statutory period had expired.
Conclusion: The amended three-year limitation under Section 6 of the Land Acquisition Act, 1894 applied, the Section 42 notification was time-barred, and the acquisition proceedings had lapsed.
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