Prem Singh vs State & Anr on 5 October, 2016
Hon'ble Supreme Court in Bihar State
Housing Board vs. State of Bihar & Ors. (supra)
while dealing with the provisions of sections 6 and
11A of the Act of 1894 has held as under:
Search Results Page
Search Results
1 - 10 of 20 (2.05 seconds)Harakchand Misirimal Solanki ... vs The Collector on 24 October, 2008
pleted. More over as held by the Supreme Court by the aforementioned
judgement in the case of Bihar State Housing Board (supra) the time so
prescribed by the Section 11-A will start to run only from the last of the
dates out of the three modes of publication ordained by the Section 6 of the
said Act.
Dahyabhai Ranchhoddas Dhobi & Anr vs State Of Gujarat & Ors on 23 July, 2010
25. Again, in Bihar State Housing Board v. State of Bihar
this Court reiterating the proposition of law has held
that modes of publication of declaration prescribed
under Section 6(2) are conjoint and cumulative and all
of them must be resorted to and completed. Sub-section
(2) of Section 6 of the Act necessarily makes it
17
abundantly clear that the last of the dates of the
publication and giving of such public notice shall
"hereinafter" be referred to as the date of publication of
the declaration and limitation period of two years for
making award under Section 11-A has to be counted as
the last of the dates out of the three modes of
publication specified in Section 6 of the Act."
J N Papi Reddy vs The State Of Karnataka on 10 April, 2013
6. Learned counsel has also placed reliance on the judgment
of the Apex Court in the case of BIHAR STATE HOUSING BOARD VS.
STATE OF BIHAR AND OTHERS - AIR 2003 SC 3817 to contend that
the period of two years prescribed for making award is to be
WP.36122/2012
5
computed from the last of the dates of publication of the
declaration.
R. Rajamani vs The Government Of Tamil Nadu on 27 April, 2007
15. From the materials on record as well as the submissions made by the counsels for the parties, it is apparent that publication regarding declaration under Section 6 was made on 9.2.1987. As required under Section 11-A, award has to be made within two years from the date of publication of the declaration. It has been interpreted by the Supreme Court in (2003) 6 Supreme 410 (BIHAR STATE HOUSING BOARD v. STATE OF BIHAR & OTHERS) that the expression "date of publication of declaration" appearing Section 11-A has to be the last dates out of 3 modes of publication contemplated under Section 6. It is not disputed that 9.2.1987 is such last date. Therefore, the award has to be made in normal course on or before 9.2.1989 by calculating the period of two years from 10.2.1987. The award has been actually made on 17.9.1993. Therefore, the award has been 4 years, 7 months and 8 days after the stipulated period. From this 4 years, 7 months and 8 days, the period during which the said order was operative by virtue of the order of Court is required to be excluded by virtue of Explanation to Section 11-A. Such stay order was actually operative for a period of 32 days from 20.2.1987 till 23.3.1987, 4 years 130 days between 12.8.1987 to 19.12.1991 and 55 days for the period between 20.4.1992 and 13.6.1992 i.e., for a total period of 4 years and 217 days. Four years period added to 9.2.1989 brings it upto 9.2.1993. From 10.2.1993 till 17.9.1993, the total period available is 220 days. The Government has taken a period of 220, out of which 217 days is covered under the stay. It thus appears that the award has been made three days beyond the stipulate period by excluding the period during which stay order was operative by virtue of order of the Court.
T.R.Dinakaran vs The State Of Tamilnadu on 18 December, 2009
"15. From the materials on record as well as the submissions made by the counsels for the parties, it is apparent that publication regarding declaration under Section 6 was made on 09.02.1987. As required under Section 11-A, award has to be made within two years from the date of publication of the declaration. It has been interpreted by the Supreme Court in (2003) 6 Supreme 410 (Bihar State Housing Board V. State of Bihar & Others) that the expression "date of publication of declaration" appearing Section 11-A has to be the last dates out of 3 modes of publication contemplated under Section 6. It is not disputed that 09.02.1987 is such last date. Therefore, the award has to be made in normal course on or before 09.02.1989 by calculating the period of two years from 10.02.1987. The award has been actually made on 17.09.1993. Therefore, the award has been 4 years, 7 months and 8 days after the stipulated period. From this 4 years, 7 months and 8 days, the period during which the said order was operative by virtue of the order of Court is required to be excluded by virtue of Explanation to Section 11-A. Such stay order was actually operative for a period of 32 days from 20.02.1987 till 23.03.1987, 4 years 130 days between 12.08.1987 to 19.1.1991 and 55 days for the period between 20.04.1992 and 13.06.1992 i.e., for a total period of 4 years and 217 years. Four years period added to 09.02.1989 brings it up to 09.02.1993. From 10.02.1993 till 17.09.1993, the total period available is 220 days. The Government has taken a period of 220, out of which 217 days is covered under the stay. It thus appears that the award has been made three days beyond the stipulate period by excluding the period during which stay order was operative by virtue of order of the Court.
Augusthy vs The State Of Kerala on 24 February, 2015
In this
regard, learned counsel appearing for the Grama
Panchayat had placed reliance on various decisions
rendered by the hon'ble Supreme Court and this court, such
as, Bihar State Housing Board v. State of Bihar [2003
W.P.(c) Nos.
Shriram Gopaldas Khathod vs The State Of Maharashtra And Others on 31 March, 2017
5. The learned counsel for Municipal
Corporation adopts the arguments of learned
Additional Government Pleader and further relies
on the judgment of the Apex Court in the case of
"Bihar State Housing Board Vs. State of Bihar and
others" reported in (2003) 10 SCC 1.
Prakash Vishwanath Khute And Ors. vs Special Land Acquisition Officer And ... on 10 July, 2006
In the said decision, relying upon the decision of the Apex Court in Bihar State Housing Board v. State of Bihar and Ors. , it was held that:
Shri. Laxman Mahadev Katkar Decd ... vs The State Of Maharashtra Through The ... on 11 December, 2024
In view thereof, the above decision
would clearly apply to the given facts leading to the inevitable conclusion that
the entire proceedings of land acquisition qua the petitioners lands have
lapsed.