IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1703 (M/S) of 2007 Sri Ajay Juneja S/o Sri Amar Juneja, R/o 5/6 Canal Road, Kashipur, Dehradun. ….Petitioner Vs 1. State of Uttaranchal through its Secretary Awash, Government of Uttaranchal, Dehradun. 2. Collector, Dehradun. 3. Vice Chairman, M.D.D.A. Dehradun. 4. Special Land Acquisition Officer, Court Compound, Dehradun. …..Respondents Sri Ashok Agarwal, learned counsel for the petitioner. Sri Vinod Nautiyal, learned Additional Advocate General for the State- respondent Nos. 1,2 and 4. Sri Vipul Sharma, learned counsel for the respondent No.3. Hon’ble B.S. Verma, J. Heard. The present writ petition has been filed by the petitioner with a following prayer: - (1) Issue a writ, order or direction in the nature of certiorari quashing the order/notification dated 26- 8-2004 passed by the respondents (Annexure No.3) of this writ petition. (2) Issues a writ, order or direction in the nature of mandamus commanding to the respondents to give opportunity before acquisition as required by Section 5(A) of the Land Acquisition Act. (3) Issue any other writ order or direction in the nature of which this Hon’ble Court may deem fit and proper and circumstances of the case. (4) To award the cost of present writ petition in favour of the petitioners. Sri Vinod Nautiyal, learned Additional Advocate General for the State-respondents has stated before this Court that the land which was acquired by the impugned notification has been released vide Government Order No.2193 dated 22-October 2007 with certain 2 conditions as provided under Section 48 of the Land Acquisition Act, 1894. Section 11A of the Land Acquisition Act, 1894 reads as under: - “11A, Period within which an award shall be made- (1) The Collector shall make an award under Section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made within a period of two years from such commencement. Explanation- In computing the period of two years referred to in this section the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded”. Since, the land has been released by the Government and as no award was made within the stipulated period as has been provided under Section 11A of the Land Acquisition Act, 1894 the proceedings for acquisition had already lapsed. After expiry of the period of two years from the date of declaration of the publication under Section 6 of the Land Acquisition Act, 1894. Since, possession o the land had not been taken and the Government has released the land with certain terms and conditions, the writ petition has become infructuous. The writ petition is dismissed as infructuous. All applications stands disposed of accordingly. (B.S. Verma,J) Dated: - 26-3-2008 M.K. 3