- (1.) Leave granted.
(2.) An area of 0.99 acres bearing Plot No.1311 and a building constructed therein over a portion measuring 0.09 acres at Jhansi was acquired for the purpose of Bundelkhand University. Notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 19.10.1977 and the declaration under Section 6 of the Act was issued on 23.4.1980. Section 11A was inserted in Land Acquisition Act with effect from 24.9.1984 which required an award to be made in all pending cases of land acquisition within a period of two years from the insertion of Section 11A, and it further provided that all proceedings for acquisition of land in which no award is made within the specified period would lapse on the expiry of that period. Accordingly, the period available for making the award under Section 11 of the Act in this proceeding was upto 23.9.1986 (that day inclusive). The award in this case was actually made on 23.9.1986.
(3.) The submission of learned counsel for the appellants is that the award dated 23.9.1986 in the present case is only in respect of the vacant land in its entirety, i.e. 0.99 acres but not for the building constructed over a portion thereof and, therefore, there was no award made within the specified period as required by Section 11A of the Act since a piecemeal award is not contemplated thereunder. Learned counsel submits that award of compensation for the building was contemplated at some subsequent date which is impermissible in law. Learned counsel for the appellants referred to certain observations to this effect in the award dated 23.9.1986 to support this submission.;