B.SUBHASHAN REDDY
Madhava Rao Gandhe – Appellant
Versus
Land Acquisition Officer, quli Qutubshah Urban Development Authority, Hyderabad – Respondent
( 1 ) THIS writ petition arises under the provisions of the Land Acquisition Act 1894 (hereinafter referred to as the Act ). Hitherto there was no time limit for passing the Award. But, by amendment Act 68 of 1984, which came into effect from 24th September, 1984 section 11-A was incorporated in the Act, which obligates the acquisitioning authority to pass the Award within two years from the date of draft declaration under Section 6 of the Act. If the Award is not passed within two years as mentioned above, the notification under Section 4 (1) of the Act stands extinguished. But, there is one exception to the provision. If urgency clause is invoked, then Section 11 -A of the Act will not operate.
( 2 ) MS. A. P. Lakshmi, the learned counsel for the respondent, admits that no urgency clause was invoked and that the enquiry under Section 5-A of the Act was held and then only the draft declaration under section 6 of the Act was published. As such, section 11-A of the Act operates. The draft declaration under Section 6 of the Act was published locally on 9-4-1992. Reckoning two years from that date and even excluding 9-4-1992, the award ought to have been passed
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.