MULCHAND KHANUMAL KHATRI versus STATE OF GUJARAT & ORS.

MULCHAND KHANUMAL KHATRI versus STATE OF GUJARAT & ORS.

Section 11A of the Land Acquisition Act, 1894 requires the award to be made within two years from publication of the declaration, excluding only periods when proceedings are stayed by court order; time taken to obtain a certified copy of judgment and bring it to the authority cannot be excluded. Failure to pass the award within this prescribed period results in lapse of the entire acquisition proceedings.

Parties
Appellant: Mulchand Khanumal Khatri; Respondents: State of Gujarat & Ors.
Jurisdiction
India
Judgment Date
27 March 2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Limitation Period for Award, Section 11 a Land Acquisition Act, Exclusion of Periods Under Section 11 a
Land Acquisition Limitation Period for Award Section 11 a Land Acquisition Act Exclusion of Periods Under Section 11 a

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Parties

Mulchand Khanumal Khatri

Appellant

State of Gujarat & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Section 11A of Land Acquisition Act, 1894 permits exclusion of time taken in obtaining certified copy of judgment and bringing it to the notice of the authority for passing award
  2. 2 Computation of limitation period for making award under Section 11A

Ratio Decidendi

Section 11A of the Land Acquisition Act, 1894 requires the award to be made within two years from publication of the declaration, excluding only periods when proceedings are stayed by court order; time taken to obtain a certified copy of judgment and bring it to the authority cannot be excluded. Failure to pass the award within this prescribed period results in lapse of the entire acquisition proceedings.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of Gujarat High Court set aside.
  • Entire acquisition proceedings concerning appellant's land declared to have lapsed.