TaxTMI 
TaxTMI 
TaxTMI 
1993 (9) TMI 373
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.... Pradesh. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act") in respect of the said land was issued on 29th July, 1986. The acquisition was proposed for the planned development and construction of the Mandi of the Agriculture Market Produce Samiti, Baraut. The notification stated that, in view of the urgency of the public purpose, Section 17(4) of the said Act was applied and the provisions of Section 5-A were dispensed with. On 24th October, 1986 the Section 6 declaration was issued which applied to the said land the provisions of Section 17(1). It stated that the Collector of Meerut could, though no award under Section 11 had been made, on the expiration of fifteen days from th....
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....e Krishi Utpadan Mandi Samiti (the third respondent) be directed by a writ of mandamus to make and publish an award in respect of the said land. 7. On 27th June, 1990 the Special Land Acquisition Officer, Meerut wrote to the third respondent recording that compensation for the purpose of making an award in respect of the lands at Baru Patti had been claimed from the third respondent but that the third respondent had not made the monies available. As a result, after adjusting the time taken in the writ proceedings before the High Court, the period of two years had expired on 18th January, 1989. There was a clear order of the first respondent that in case the award was not declared within two years from the date of publication of the notific....
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....quisition of the land had already come to an end by reason of the land having vested in the Government. 10. Learned Counsel for the first and second respondents fairly stated that an award would be made within such time as the court considered reasonable. 11. Learned Counsel for the third respondent supported the reasoning of the judgment under appeal. He also submitted that the requirements of Section 17(3A), namely, the tender of 80 per cent of the estimated compensation for the said land not having been complied with, the taking of possession of the said land from the appellants was illegal and there was, therefore, no vesting thereof in the first respondent. He submitted that for being kept out of possession of the said land the payme....
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.... shall thereupon vest absolutely in the Government free form all encumbrances." Section 11-A was inserted in the said Act by Act 68 of 1984 and it reads thus: 11-A. Period within which an award shall be made. The Collector shall made an award under Section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse : Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made within a period of two years from such commencement. The provisions of Section 48(1) may also be noted. It states that &q....
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....deposited exceeds the compensation awarded by the Collector under Section 11, the excess may, unless refunded within three months from the date of the Collector's award, be recovered as an arrear of land revenue. (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of Sub-section (1) or Sub-section (2) are applicable, the appropriate Government may direct that the provisions of Section 5-A shall not apply, and, if it does so direct, a declaration may be made under Section 6 in respect of the land at any time after the date of the publication of the notification under Section 4, Sub-section (1). 14. There are two judgments of this Court which we must note. In Rajasthan Housing Board and Or....
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....vernment fails to make an award within two years of the declaration under Section 6, the land has still not vested in the Government and its title remains with the owner, the acquisition proceedings are still pending and, by virtue of the provisions of Section 11-A, lapse. When Section 17(1) is applied by reason of urgency, Government takes possession of the land prior to the making of the award under Section 11 and thereupon the owner is divested of the title to the land which is vested in the Government. Section 17(1) states so in unmistakable terms. Clearly, Section 11-A can have no application to cases of acquisition under Section 17 because the lands have already vested in the Government and there is no provision in the said Act by whi....