Incorporated land acquisition provisions were not affected by later amendment, so proceedings under the special statute did not lapse.

Where a special acquisition statute incorporates selected provisions of the Land Acquisition Act, 1894 by incorporation, a later amendment to the parent Act does not automatically extend to that special statute unless it expressly so provides. On that basis, the Land Acquisition (Amendment) Act, 1984 and Section 11-A of the 1894 Act were held inapplicable to acquisitions under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The acquisition proceedings therefore did not lapse merely because two years had passed after the amendment came into force, and the challenge based on lapse failed.

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Issues: Whether the Land Acquisition (Amendment) Act, 1984, including Section 11-A of the Land Acquisition Act, 1894, applied to acquisitions made under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965, so as to cause lapse of the acquisition proceedings.

Analysis: The acquisition under the Adhiniyam was held to proceed on the basis of incorporation of selected provisions of the Land Acquisition Act, 1894. On that footing, the later amendment to the parent Act did not automatically extend to the Adhiniyam. The earlier and later authorities noticed in the judgment had consistently taken the view that the Amendment Act of 1984 had no application to acquisitions under the Adhiniyam. Consequently, the notification analogous to Section 4(1) and the declaration analogous to Section 6 did not lapse merely because two years had elapsed after the amendment came into force.

Conclusion: The Land Acquisition (Amendment) Act, 1984 and Section 11-A of the Land Acquisition Act, 1894 were held inapplicable to the acquisition under the Adhiniyam, and the challenge to the acquisition on the ground of lapse failed.

Ratio Decidendi: Where a special statute incorporates provisions of the Land Acquisition Act, 1894 by incorporation, a subsequent amendment to the parent Act does not apply to acquisitions under the special statute unless the statute expressly so provides.

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