Law: Land Acquisition Act, 1894

Section: 4,17(4)

Law: Punjab Land Acquisition Rules, 1983

Section: 7

(a) Land Acquisition Act (I of 1894)--- ----Ss. 4 17(4)---Punjab Land Acquisition Rules, 1983, R. 7---Issuance of notification for acquisition of land for the construction of dam---Scope---Acquiring Agency proceeded further after a decade of issuance of notification under S.4 of the Land Acquisition Act, 1894 (Act, 1894) for acquisition of land; issued addendum acquisition notification including further land and also invoked emergency---Held, that no notification, under S.5 of the Act 1894 was issued and neither any extension was sought for nor granted by the Board of Revenue---No other proceedings took place in pursuance of notification, rather addendum acquisition notification including further land was issued after more than nine (09) years and four (04) months of notification under S.4 of the Act 1894 and then notification under S.17(4) of the Act 1894 was issued to invoke urgency in the matter---Rule 7 of the Punjab Land Acquisition Rules, 1983, prescribed a period of one year for issuance of notice under S.5 of the Act 1894 from the date of issuance of Notification under S.4 of the Act 1894---Land Acquisition Act, 1894 nowhere gave unfettered powers to the Acquiring Agency to sleep over the rights of the citizens and not to conclude the acquisition proceedings---Acquiring agency had not unlimited time to conclude the acquisition process rather they were required to complete the acquisition proceedings within reasonable time as the land owners, whose lands were proposed to be acquired, could not be put in agony of uncertainty for such a long period of more than nine years---Record revealed that the procuring agency had deposited the amount of compensation in the year 2019-2020---Had the said amount been deposited in the year 2010 or 2011 (when the acquisition proceedings were initiated) and had the award been made at that time then the compensation awarded at that time could have been accepted by the land owners, there could be slight difference between the amount of compensation awarded and the amount demanded by the land owners, but after about decade the situation was altogether changed, therefore, the land owners could not be expected to accept…

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