Validity of the provisions of Section 11-A of the Act.

Nainar Sundaram, J.

These writ appeals, which were dismissed earlier, for want prosecution, have been restored today by orders passed by us in C.M.P.Nos.9757 and 9758 of 1990.

2. These writ appeals are directed against the common order of the learned single judge and by which he disposed of W.P.Nos.370 land 3702 of 1987. The challenge in the petitions was of the proceedings for acquisition under the Land Acquisition Act 1 of 1984, hereinafter referred to as the Act, and in doing that, there is a prayer to strike down Sec.11 A of the Act as void. Two grounds were urged before the learned single Judge coveting interference in writ powers. The same grounds are being urged before us also. The ground was that the award was not made within the time prescribed therefor by Sec.11 introduced into the Act by the Land Acquisition (Amendment) Act, 1984, hereinafter referred to as the Amendment Act. Sec.11 -A reads as follows:

"11-A. Period within which an award shall be made: The Collector shall make an award under Sec.11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of land shall lapse: Provided that in a case where the said declaration has been published before commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made within a period of two years from such commencement. Explanation: In computing period of two years referred to in this section, the period during which any action proceeding to be taken in pursuance of the said declaration is stayed by an order of a shall be excluded."

The declaration under Sec.6 of the Act, in the instant case was made in 22.10.1977. main part of Sec.11-A enjoins the making of an award within the period of two years the date of the publication of the declaration and further says, if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse. However, proviso says that in a case where the said declaration has been published before commencement the Amendment Act, the award shall be made within a period of two years from such commencement. The commencement of the Amendment Act was on 24.9.1984. The declaration here having come to be made before such commencement, the award be made within a period of two years from the date of the commencement of Amendment Act. That did happen here. Rightly, the learned single Judge discountenanced this ground of attack put forth on behalf of the petitioners, and we also repel it.

3. The second ground urged is that Sec.11 -A introduced into the Act by the Amendment has encouraged and maintained procrastination in the completion of acquisition proceedings, and as a result, the owner of the land acquired suffers on the question of compensation, which has got to be determined only as on the date of the notification under Sec.4(l). learned single Judge found that this contention has been repelled by him in an earlier pronouncement of his and on this ground chose to discountenance it. However, at request of Mr.R.Ram Mohan, learned counsel for the petitioner we proceeded to examine contention on merits also, not concluding it on the earlier pronouncement of the learned single Judge. Learned counsel for the petitioner would say that even though the declaration under Sec.6 of the Act would have been made long back and the award comes to be made a much later stage, compensation will be paid only as on the date of the publication of notification under Sec.4(1) of the Act and this will work undue hardship to the petitioner and that would amount to arbitrary deprivation of property. When we look into statement of objects and reasons behind the Amendment Act, we could envisage appreciate the scheme and framework of the provisions introduced by the Amendment and in our view, there are sufficient provisions balancing and ameliorating any complaint hardship on account of delay. The statemen