SINGARENI COLLIERIES COMPANY LIMITED Vs. VEMUGANTI RAMAKISHAN RAO

JUDGEMENT

(1.) THIS review petition is filed under Order XLVII Rule 1 CPC seeking review of the judgment dated 07-09-2006 in W. A. No. 936 of 2006.

(2.) HEARD the learned counsel for the petitioner and the learned counsel for the respondents and the learned Government Pleader representing the State. Perused the records.

(3.) RESPONDENTS 1 to 4 herein filed writ petition in W. P. No. 22875 of 1999 against respondents 5 to 7 herein for quashing the notification issued under Section 4 (1) of the Land Acquisition Act and published in the Gazette dated 30-08-1992 and the subsequent draft declaration under Section 6 of the land Acquisition Act, 1894 (for short 'the Act') published in the Gazette dated 02-03-1994 to the extent of Ac. 15-22 cents of land in Sy. No. 288 belonging to the writ petitioners situate at Jallaram Village, Kamanpur Mandal, Karimnagar district, on the ground that the award was passed after expiry of two years period specified in Section 11-A of the Act and as such the award is nullity and the land acquisition proceedings shall be deemed to have been lapsed. By order dated 04-07-2001, the said writ petition was allowed. Aggrieved by the same, respondents 5 to 7 herein filed W. A. No. 1315 of 2001 and the petitioner herein filed W. A. No. 936 of 2006. By common judgment dated 07-09-2006, both the writ appeals were dismissed. The whole issue that arose for determination in the writ appeals was whether the Land Acquisition Officer can pass an award after expiry of two years period specified in Section 11-A of the Act. In the impugned judgment, it was held as under: "we have given serious thought to the submissions of the learned counsel, but we have not felt persuaded to agree with them. Section 11-A of the Act, which mandates the making of an award within a period of two years, reads as under: