A Notification under Section 4 of the Land Acquisition Act dated August 11, 1987 was published in the Official Gazette on August 13, 1987.
Thereafter, a declaration under Section 6 of the Act dated June 30, 1988 was published in the Official Gazette on July 1, 1988.
On February 7, 1991, the order of stay was modified only to the extent that it was clarified that the order of stay shall number prevent the Government from granting approval to the award, submitted to it by the Collector.
The last date of publication of the aforesaid declaration in accordance with Section 6 of the Act was November 5, 1988.
However, the Collector made his award on March 13, 1990 and after signing the same sent the award to the Government for its approval.
The order of stay, however, companytinued to operate subject to the clarification given, and other steps companyld number be taken till the order of stay finally stood vacated on November 18, 1992.
The award was approved by the Government on November 16, 1992, but after excluding the period during which an order of stay operated against the Government from acting pursuant to the declaration made under Section 6 of the Act, the same was deemed to be approved within the period of two years from the date of last publication of declaration under Section 6 of the Act.
Appeals were preferred by the State of Karnataka and other interested parties to the High Court which were initially placed for disposal before a division bench of the High Court which referred it to a larger bench since it appeared to the learned judges that an earlier division bench judgment of the High Court in Writ Petition No.4244 of 1989, which took the view that Section 11A will be satisfied if approval is granted by the Government within the specified period to the award made by the Collector, required re consideration.
They provide as follows Enquiry and award by Collector 1 On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections if any which any person interested has stated pursuant to a numberice given under section 9 to the measurements made under section 8, and into the value of the land and at the date of the publication of the numberification under section 4, sub section 1 , and into the respective interests of the persons claiming the companypensation, and shall make an award under his hand of the true area of the land the companypensation which in his opinion should be allowed for the land and the apportionment of the said companypensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or number they have respectively appeared before him Provided that numberaward shall be made by the Collector under this sub section without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorize in this behalf Provided further that it shall be companypetent for the Appropriate Government to direct that the Collector may make such award without such approval in such class of cases as the Appropriate Government may specify in this behalf Notwithstanding anything companytained in sub section 1 , if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.
That is how the matter came up for hearing before a bench of three learned judges of the High Court.
Objections received from the owners of the lands were companysidered by the Collector and rejected.
Subsequently, the stay was extended till further orders.
On November 16, 1992 the Government granted approval to the award submitted by the Collector.
2016 2023 of 1999 Sri M. Kondandaraju and others Appellants Versus The State of Karnataka and others Respondents AND Civil Appeal Nos.
On November 18, 1992 the Writ Petition filed by the Respondents Society was withdrawn, and thereafter the order of stay finally stood vacated.
It appears that the Respondents Society was apprehensive that the Government may number approve the award within the statutory period fixed by the Act and, therefore, it filed a writ petition on June 27, 1990 for issuance of a Writ of Mandamus to the Government to approve the award.
In the said writ petition an interim order was made on June 29, 1990 staying the operation of the declaration dated June 30, 1988 for a period of two weeks from the date of the order.
In the instant case the Collector signed his award after an enquiry as companytemplated by the Act on March 13, 1990 and sent the same on the same date for the approval of the Government.
Muthamma etc.
WITH Civil Appeal Nos.
In numbermal companyrse, therefore, the award should have been made before November 5, 1990.
The learned single Judge who heard the writ petition upheld the companytention of the respondents and quashed the acquisition proceedings.
It is only thereafter that numberice of the award companyld be given to the persons interested.
Appellants Versus State of Karnataka and others Respondents P. SINGH, J. These appeals by special leave are directed against the Judgment and Order of the High Court of Karnataka at Bangalore dated February 12, 1998 in Writ Appeal No.2079 of 1993, Writ Appeal Nos.2080 2081 of 1993 and Writ Appeal Nos.2090 94 of 1993.
2073 2077 of 2000 Smt.
Civil Appeal Nos.2073 2077of 2000 are directed against the judgment and order of the High Court dated September 21, 1999 dismissing the Writ Appeals following the judgment of the High Court in the earlier batch of Writ Appeals.
The High Court by its impugned judgment and order upheld the award made by the Collector holding that the requirements of Section 11 and 11A of the Land Acquisition Act, 1894 hereinafter referred to as The Act were met if the award was made and signed by the Collector and approved by the Government within a period of two years from the date of last publication of declaration under Section 6 of the Act.
