KRISHI UPAJ MANDI SAMITI Vs. SWARN SINGH
LAWS(RAJ)-2001-9-23
HIGH COURT OF RAJASTHAN
Decided on September 13,2001

KRISHI UPAJ MANDI SAMITI Appellant
VERSUS
SWARN SINGH Respondents

JUDGEMENT

RAJESH BALIA, J. - (1.) THIS appeal arises out of the petition filed by respondent No. 1 Swarn Singh on 21st August, 1980. The respondents No. 4 and 5, since deceased, were made party to the writ petition because they were the joint tenants of the land in question. The petition was to challenge Notification dated 12.5.1980 (Ex.5) which was a declaration under Section 6 of the Land Acquisition Act, 1894 concerning Murabba No. 58/62 in Chak 1 -A (Chhoti) an Murabba No. 11 in Chak 6(e). The present petition relates to the acquisition proceedings concerning Murabba No. 58/62 in Chak 1 -A. The Writ Petition No. 1550/1980 was preferred by the tenants of Murabba No. 11 in Chak 6(e) - -Ratana Ram and Ors. v. State of Rajasthan which has since been dismissed, as informed by the learned Counsel for the parties.
(2.) IN the present petition, notice was issued on 22nd August, 1980 and an interim order was issued that the petitioner shall not be dispossessed from the land in dispute. This interim order was confirmed to last decision of the writ petition on 8th April, 1983. The petition came to be finally heard on 4th September, 1991.
(3.) DURING the pendency of the writ petition, the Land Acquisition (Amendment) Act, 1984 came into force w.e.f. 24th September, 1984. Alongwith other amendments made in the provisions of the Land Acquisition Act, 1894, Section 11 -A was inserted, which read as under: 11 -A. Period within which an award shall be made. - -The Collector shall make an award under Section 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 the land shall lapse: Provided that in a case where the said declaration has been published before the 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 the period of two years referred to in this section, the period during which any action is stayed by an order of a Court shall be excluded.;


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