Ashok Kumar vs Union Of India (Uoi) And Ors. on 20 November, 2003
"Notification Under Section 4 of Land Acquisition Act 1894 (hereinafter referred to as the Act) is dated 23.1.1965. it was followed by declaration made Under Section 6 of the Act on 7.12.1966. Petitioner's predecessor had challenged the acquisition proceedings by filing CW. 789/85 Hem Chand Gupta v. UOI. According to the petitioner interim Order passed on 10.4.1985 in the said writ petition was against dispossession only. CW. 789/95 was dismissed on 10.11.1994 in default for appearance and consequently the stay order also stood vacated. The petitioner claims to have acquired title to the property on 10.2.1993. The only challenge in the writ petition is that the acquisition proceedings are non-est in view of provisions of Section 11-A of the Act since the notifications issued on 23.11.1965 and 7.12.1966 stood lapsed on expiry of period of two years from the date of commencement of the Land Acquisition (Amendment) Act, 1984. This is the only challenge now made by the petitioner though challenge is also on other grounds but we make it clear that on the other points it will not be permissible for the petitioner to challenge the acquisition proceedings being a subsequent purchaser. Accordingly we confine this petition only to the extent aforementioned. The stand of the respondents is that the impugned award has been made within the period of limitation since there was stay of proceedings operating.