Banda Development Authority vs. Motilal Agarwal.

The issue in the case was whether the Division Bench of the Allahabad High Court was justified in allowing the writ petition filed by Respondent no.1 for nullifying the acquisition of his land by the State Government vide notification dated 8.9.1998 issued under Section 4(1) read with Section 17(1) and 17(4) of the Land Acquisition Act, 1894 which was followed by declaration dated 7.9.1999 issued under Section 6(1) read with Section 17(1) on the ground of non passing of award within the time prescribed under Section 11A. The court stated that the premise on which the High Court declared that the acquisition proceedings will be deemed to have lapsed because the award was not passed within two years is ex facie erroneous. It held that the action of the concerned State authorities to go to the spot and prepare panchnama showing delivery of possession was sufficient for recording a finding that actual possession of the entire acquired land had been taken and handed over to the BDA. The utilization of the major portion of the acquired land for the public purpose for which it was acquired is clearly indicative of the fact that actual possession of the acquired land had been taken by the BDA. It concluded by saying that once it is held that possession of the acquired land was handed over to the BDA on 30.6.2001, the view taken by the High Court that the acquisition proceedings had lapsed due to non- compliance of Section 11A cannot be sustained.