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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.