Point of Law: Section 11A of Act, Collector has to make an award under Section 11 within a period of two years from date of publication of declaration and if no award is made within that period, entire proceedings for acquisition would lapse.

JUDGMENT :

1. This Writ Petition is filed questioning the award dated 24.07.2012 as arbitrary, illegal and contrary to the provisions of Sections 11-A and 12(2) of the Land Acquisition Act, 1894 (for short ‘the Act’).

2. The first petitioner is the owner and possessor of the land admeasuring an extent of Ac.2.56 cents in RS No.115/2, second petitioner is the owner and possessor of the land admeasuring an extent of Ac.2.56 cents in RS No.115/2A and the third petitioner is the owner and possessor of the land admeasuring an extent of 0.50 cents in RS No.115/1B, situated in Badampudi village, Unguturu Mandal, West Godavari district and they are in actual and physical possession of the said lands; a notification under Section 4(1) of the Act was published on 20.01.2009 proposing to acquire the subject lands for distribution as house site pattas to the landless poor and public notice of the said notification was not displayed at any public place; personal notice was not served on the petitioners and urgency clause was not invoked; the third respondent caused enquiry under Section 5-A of the Act and draft notification was approved on 03.03.2010; Section 6 declaration was issued on 03.03.2010, but the notification or the declaration were not published in the largest circulated local linguistic language newspaper as contemplated under the Act; notification was issued proposing to acquire Ac.11.52 cents belonging to 11 persons, but except the lands of the petitioners the lands of other 8 persons were deleted from the proposed acquisition, in spite of the objections of the petitioners stating that they are small farmers, the subject lands are double crop wet lands, there is availability of other waste land in the subject village and in the nearby villages; the officials never physically visited the lands and possession was never taken and non-taking of possession is contrary to Section 17(5)(a)(b) of the Act; Section 4(1) notification was not published in the gazette within 40 days from the date of notification; Section 4(1) notification was issued on 21.01.2009 and Section 5A notification was published in the month of June 2009 and Section 6 notification was published in the District Gazette on 03.03.2010 i.e., after lapse of statutory period of one year as contemplated under the proviso to Section 6(1) of the Act; the award was passed on 24.07.2012 i.e., after two years from the date of publication of the first notification on 21.01.2009, hence the proceedings under the Act stands lapsed under law and the award was passed only after the petitioners approached this Court by way of Writ Petition No.22617 of 2012, wherein there is no interim order of stay of operation etc., hence, the period of initial notification is enforceable under law; the respondents asked the petitioners to put their signatures to consider their objections and to show their presence in the office and believing the respondents, petitioners put their signatures on the papers hoping that their objections will be considered without suspecting the respondents and during the pendency of that Writ Petition No.22617 of 2012 petitioners came to know that the signatures of the petitioners were converted to suit to their convenience and if at all petitioners accepted the proposal and gave consent for award they ought to have released the compensation immediately; petitioners never appeared before the negotiation committee or before the District Collector; petitioners never gave consent for the award; even otherwise, the said award is void, as the same was passed after lapse of statutory period; during the pendency of the said Writ Petition petitioners came to know about the alleged consent award, hence they withdrew the said Writ Petition on 28.08.2012; the award was not passed within two years from the date of declaration under Section 6 of the Act; award was not served on the