Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Whether would attract s. 11A Land Acquisition Act Failure to declare award u/s. 11 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: s. 11A - Applicability of - Failure to declare award u/s. 11 within a period of 2 years from the date of publication of declaration u/s. 6, due to stay order by High Court in respect of land belonging to other land-owners - Whether would attract s. 11A - Held: If there is stay over the land acquisition proceedings by the Court, in one or the other matter arising from the self-same acquisition proceedings in reference to s. 4 followed by s. 6, the authorities would be justified to stay their hands and await decision of the Court - Period during which there is stay over the proceedings, has to be excluded, in computing the statutory period of two years in passing of an award u/s. 11 - In the present case, the case in which the High Court had stayed the proceedings was in respect of the land of same village under the very notification and for the very project - The period during which the stay was operative,is to be excluded - On exclusion of the said period, acquisition proceedings would not lapse,in view of explanation to s. 11A - Limitation. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 998 |
Petitioner | The State Of Maharashtra And Others |
Respondent | M/s Moti Ratan Estate And Another |
SCR | [2019] 12 S.C.R. 589 |
Judgement Date | 2019-09-04 |
Case Number | 6996 |
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