Singh Vs. State of U.P. & Ors  INSC 747 (28 November 1995)
K.Ramaswamy, K.Majmudar S.B. (J)
1996 SCC (1) 434 JT 1995 (9) 135 1995 SCALE (6)773
O R D
under Section 4 (1) of the Land Acquisition Act, 1894 [for short, "the
Act"] was published on June 25, 1974.
Declaration under Section 6 was published on July 3, 1974 dispensing with the enquiry under Section 5- A after the
Governor had exercised his power under Section 17 (4) of the Act.
not clear from the record that the possession of the land was taken after 15
days from the date of service of the notice under Section 9 on the appellant.
The appellant has asserted that he has been in possession of the land but no
counter has been filed. In support thereof, the appellant has also placed on
record the resolution dated December 27, 1977
of Gram Sabha stating that the other land has already been allotted to 30
eligible persons of the village and the land in question no longer is
necessary. After the Amendment Act 68 of 1984 was brought into force w.e.f. September 24, 1984, Section 11-A operates in the
field. It envisages that if the award under Section 11 has not been made within
two years from the date of coming into force of the Amendent Act, all the
proceedings under Sections 4 and 6 shall stand lapsed. In view of the fact that
no steps appeared to have been taken within time, the notification under
Section 4 (1) and declaration under Section 6 no longer subsist.
the appeal is allowed. No costs.