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Supreme Court of India 2018-05-11 dismissed

Raj Kumar Gandhi vs Chandigarh Administration & Ors

Bench: 2 — Arun Mishra

In Brief

The appellants challenged a land acquisition award dated 5 March 2003 affecting Pocket No. 8 of Scheme No. 3 in Chandigarh, contending it was passed beyond the two-year statutory deadline under section 11A of the Land Acquisition Act, 1894, and lacked proper Government approval. The Supreme Court held that where a unified scheme involves multiple notifications and declarations, stay orders granted in any petition concerning the scheme must be excluded from time computation, even if obtained by other landholders. Furthermore, the award, initially approved by the Advisor under delegation, was subsequently validated by ex post facto authorization from the Administrator, curing any procedural irregularity. The Court dismissed the appeal, emphasizing finality in related settled matters.

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Land Acquisition Statutory Period Section 11A Stay of Proceedings Delegation of Powers Union Territory Administrative Authority Civil Procedure

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