L.N. VENKATESAN versus THE STATE OF TAMIL NADU AND ORS.

L.N. VENKATESAN versus THE STATE OF TAMIL NADU AND ORS.

Since the petitioner had obtained interim stay orders in writ petitions restraining the Land Acquisition Officer from taking possession or proceeding further, such periods are to be excluded from the limitation under Section 11-A, and the declaration under Section 6 does not lapse; consequently, notification under Section 4(1) also does not lapse.

Parties
Petitioner: L.N. Venkatesan; Respondents: The State of Tamil Nadu and Ors.
Jurisdiction
India
Judgment Date
04 April 1997
Procedural Posture
Special Leave Petition (civil) / Final Order on SLP
Outcome
Petitions dismissed.
Legal Topics
Award Period Computation, Effect of Court Stay on Land Acquisition, Section 11 a Proviso and Explanation
Land Acquisition Award Period Computation Effect of Court Stay on Land Acquisition Section 11 a Proviso and Explanation

Case Brief

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Parties

L.N. Venkatesan

Petitioner

The State of Tamil Nadu and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Order on SLP

Legal Issues

  1. 1 Does the declaration under Section 6 of the Land Acquisition Act lapse if award is not made within two years, where interim stay orders were granted against dispossession?
  2. 2 Does court-issued stay operate to exclude time from the two-year limitation under Section 11-A?
  3. 3 Is notification under Section 4(1) also affected by lapsing of declaration under Section 6?

Ratio Decidendi

Since the petitioner had obtained interim stay orders in writ petitions restraining the Land Acquisition Officer from taking possession or proceeding further, such periods are to be excluded from the limitation under Section 11-A, and the declaration under Section 6 does not lapse; consequently, notification under Section 4(1) also does not lapse.

Court Disposition

Petitions dismissed.

Orders

  • The special leave petitions are dismissed.
  • The declaration under Section 6 does not lapse and notification under Section 4(1) also does not lapse.