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1993 Supreme(SC) 897

J.S.VERMA, N.P.SINGH, S.P.BHARUCHA
Ram Chand: Ved Prakash – Appellant
Versus
Union Of India – Respondent


Judgement Key Points

Key Points: - The Court held that there was no justification for delay in completion of proceedings after the 1974 Aflatoon judgment; delays beyond a reasonable time (about two years after the declaration) were unreasonable (!) (!) (!) . - It was held that beyond two years, additional compensation at 12% per annum should be awarded to cultivators, rather than quashing the proceedings, to balance public interest and individual injury (!) (!) . - The 1984 amendments introduced time limits (Section 11-A) for making awards, with lapse of proceedings if not completed within two years from the declaration; provisos do not validate pre-existing inaction but set new deadlines (!) (!) (!) . - The Court emphasized that compensation must reflect market value as of the date of notification under Section 4, not the date of award, to avoid undue pegging; advancement of the notification date may be used to protect just compensation in specific cases (!) (!) . - The Court recognised the need for expeditious conclusion of acquisition and payment of compensation after Section 6 declarations, and that unreasonably delayed proceedings undermine constitutional and statutory mandates (!) (!) .

What is the appropriate remedy where land acquisition proceedings have been delayed beyond reasonable time and compensation pegged to earlier notification dates?

What is the effect of introducing time-limits for awards and declarations (Sections 11-A and 6) on previously pending acquisitions and potential compensation?

What is the proper judicial relief when delays in land acquisition have caused injury to cultivators, and should courts quash proceedings or award additional compensation?


Judgment

N.P. SINGH, J.

(1) WRIT petitions and a Civil have been filed for quashing the land acquisition proceedings, which had been initiated between the years 1959 and 1965 by issuance of notifications under Section 4 of the Land Acquisition Act (hereinafter referred to as "the Act") but in which no awards were made up to the years 1979-80, although the declarations under Section 6 of the Act had been made in the years 1966 and 1969. The first such notification under Section 4 of the Act was issued on 13/01/1959 in respect of 24,000 acres of land. Another notification under Section 4 was issued on 24/10/1961 in respect of 16,000.00 acres of land. One such notification under Section 4 was issued on 23/01/1965. Declarations under Section 6 of the Act were issued on 16/05/1966 and 13/01/1969. The declaration dated 16/05/1966 related to 2,153 Bighas of land, whereas the declaration dated 13/01/1969 was in respect of 88 Bighas. A declaration under Section 6 had been made on 6/12/1966 in respect of 5,898 Bighas of land which is the subject-matter of controversy in other writ petitions,

(2) ACCORDING to the petitioners, having issued the declarations in respe










































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