JUDGMENT :

A.S. Bopanna, J.

1. This appeal has a chequered history. The appeal was heard by a Bench consisting of two Hon’ble Judges (Justice A.K. Ganguly and Justice Swatanter Kumar) and was decided by the Judgment dated 18.08.2011 with divergent opinion. In the process, after consideration, Hon’ble Justice A.K. Ganguly arrived at the conclusion that taking over possession of the land without complying the requirement under Section 17(3-A) of the Land Acquisition Act, 1894 (for short ‘Act, 1894’) is clearly illegal and in violation of the statutory provision which automatically violates the constitutional guarantee under Article 300A of the Constitution. However, on taking note that the land had been utilised and developed by the beneficiary of the acquisition, had allowed the retention of the land by directing to pass an award by construing the date of filing the writ petition i.e. 01.03.2006 as the date of Section 4 notification to reckon the market value as against the actual date of notification. Hence allowed the appeal in those terms.

2. On the other hand, Hon’ble Justice Swatanter Kumar, however, disagreed with the said conclusion and for the separate reasons assigned by the l