( 1 ) AN important question in regard to the interpretation of Section 11-a of the Land Acquisition Act, 1894 (hereinafter referred to as 'the act') read with proviso to Section 11 of the act arises for consideration in these cases. The question involved is as to whether an award under Section 11 of the act can be made within two years of declaration under Section 6 with the previous approval of the government as provided under section 11-a or is it enough if the approval is granted by the government within two years of the declaration under Section 6 of the award passed by the collector under Section 11.

( 2 ) A division bench of this court in W. P. no. 4244 of 1989 and other connected cases has taken the "view that Section 11-a will be satisfied if approval is granted by the government within the time specified therein on an award made by the collector. The division bench which has referred the present case to the larger bench felt that on the wording of the first proviso to Section 11 an award could be made by the collector only after obtaining previous approval of the government or the authorised officer and the previous award even if made by the collector can only be treated as tentative or proposed award. Prima facie the bench did not find itself in agreement with the view expressed by the earlier division bench in W. P. No. 4244 of 1989 and therefore referred the writ appeals for hearing by the full bench under Section 7 of the Karnataka High Court Act.

( 3 ) TO appreciate the contentions advanced by the counsel for the parties the relevant facts are: notification dated 11-8-1987 issued under Section 4 (1) of the act seeking to acquire certain parts of land for a public purpose was published in the official gazette on 13th august, 1987. objections were invited by the land acquisition collector and finding no substance in them made a recommendation for acquisition of land. Declaration under Section 6 of the act dated 30th of june, 1988 was published in the official gazette on 21st july, 1988. Last date of publication of the notification under Section 6 was 5th november, 1988. After issuing notices to the parties the special land acquisition officer made an award on 13th march, 1990. He sent the award signed by him on the same day for approval to the government. Government accorded its approval to the proposed award sent by the land acquisition collector on 16th of november, 1992.

( 4 ) POORNAPRAJNA house building society apprahending that there may be some delay in granting approval filed writ petition No. 13310 of 1990 for a writ of mandamus to grant approval and in that writ petition there was an order of stay of declaration with the result no approval was granted by the government. It was one of the steps to be taken under the scheme of the land acquisition act for completing the acquisition proceedings. interim orders passed on various dates in the said writ petition were to this effect. order passed on 29-6-1990. "operation of the declaration-dated 30-6-1988 issued by the respondent 1 in No. Rd 182 aqb 84 (annexure-a to the w. p.) be and the same is hereby stayed for a period of two weeks from 29-6-1990". order passed on 10-7-1990. "that the interim order granted by this court on 29-6-1990 in the above case be and the same is hereby continued until further orders from this court". order passed on 7-2-1991. "interim order of stay granted by this court on 29-6-1990 and continued by order dated 10-7-1990 shall not prevent the government in giving approval to the draft award which is said to be pending considerations before the government".

( 5 ) THE said writ petition was withdrawn on 18th of november, 1992 and was disposed of by passing the following order:"counsel for the petitioners seeks permission to withdraw the petition. Permission granted. Petition is dismissed as withdrawn".

( 6 ) THERE is nothing to indicate on the record that land acquisition officer made or signed any award subsequent to the