Full Judgment Text
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PETITIONER:
NAHAR SINGH
Vs.
RESPONDENT:
STATE OF U.P. & ORS.
DATE OF JUDGMENT28/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
MAJMUDAR S.B. (J)
CITATION:
1996 SCC (1) 434 JT 1995 (9) 135
1995 SCALE (6)773
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned. Substitution allowed.
Notification under Section 4 (1) of the Land
Acquisition Act, 1894 [for short, "the Act"] was published
on June 25, 1974. Declaration under Section 6 was published
on July 3, 1974 dispensing with the enquiry under Section 5-
A after the Governor had exercised his power under Section
17 (4) of the Act.
It is not clear from the record that the possession of
the land was taken after 15 days from the date of service of
the notice under Section 9 on the appellant. The appellant
has asserted that he has been in possession of the land but
no counter has been filed. In support thereof, the appellant
has also placed on record the resolution dated December 27,
1977 of Gram Sabha stating that the other land has already
been allotted to 30 eligible persons of the village and the
land in question no longer is necessary. After the Amendment
Act 68 of 1984 was brought into force w.e.f. September 24,
1984, Section 11-A operates in the field. It envisages that
if the award under Section 11 has not been made within two
years from the date of coming into force of the Amendent
Act, all the proceedings under Sections 4 and 6 shall stand
lapsed. In view of the fact that no steps appeared to have
been taken within time, the notification under Section 4 (1)
and declaration under Section 6 no longer subsist.
Accordingly, the appeal is allowed. No costs.