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Issues: Whether the declaration under Section 6 of the Land Acquisition Act, 1894 was liable to be quashed on the ground that the enquiry under Section 5-A had been found defective and the period of limitation had to be computed from the original Section 4(1) notification.
Analysis: The declaration had been published within three years of the Section 4(1) notification, but the enquiry under Section 5-A was held to be unsatisfactory and required to be quashed. Once that enquiry was quashed, a fresh enquiry under Section 5-A had to be undertaken. The governing principle was that, in such circumstances, the time for conducting the enquiry and publishing the declaration would run from the date of receipt of the court's order setting aside the defective enquiry, not from the date of the original Section 4(1) notification. The earlier decision relied upon by the Court applied the same rule.
Conclusion: The declaration under Section 6 was not to be quashed on the basis adopted by the High Court, and the appellant was entitled to proceed with a fresh enquiry and subsequent declaration within the time directed.
Final Conclusion: The acquisition challenge failed on the limitation point, and the State was permitted to recommence the Section 5-A enquiry and publish the declaration within the period fixed by the Court.
Ratio Decidendi: Where a defective Section 5-A enquiry in land acquisition is quashed, the period for completing the enquiry and publishing the Section 6 declaration runs from the receipt of the court's order setting aside that enquiry, not from the original Section 4(1) notification.
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