ORDER

Delay condoned.

Leave granted.

We have heard learned counsel on both sides.

Notification under Section 4(1) of the Land Acquisition Act, 1894 [for short "the Act"] was published on October 16, 1987 proposing to acquire the land for establishment of a telephone exchange. Declaration under Section 6 was published in June 1988. In would appear that there was a negotiation between the parties for settlement by determination of compensation by agreement, but in the process, two years limitation prescribed under Section 11-A introduced by Act 68 of 1984 in the Act, had lapsed on June 16, 1990. As a result, the notification and declaration by operation of Section 11-A stood lapsed. Subsequently, the appellant had filed an application under Section 48(2) on September 17, 1990 for determination of compensation which was rejected on February 18, 1992. The writ petition was dismissed in O.P. No. 1061/93 on July 9, 1993 by the High Court of Kerala. Thus, this appeal by special leave.

Shri Anam, learned counsel for the appellant, contended that by statutory operation under Section 11-A, when the acquisition stood lapsed, it amounted to withdrawal from acquisition by operation of sub-section (