ORDER
B. Subhashan Reddy, J.
1. This Writ Petition arises under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’). Hithereto there was no time limit for passing the Award. But, by Amendament Act 68 of 1984, which came into effect from 24th September, 1984 Section 11-A was incorporated in the Act, which obligates the acquisitioning authority to pass the Award within two years from the date of draft declaration under Section 6 of the Act. If the Award is not passed within two years as mentioned above, the notification under Section 4(1) of the Act stands extinguished. But, there is one exception to the provision. If urgency clause is invoked, then Section 11-A of the Act will not operate.
2. Ms. A.P. Lakshmi, the learned Counsel for the respondent, admits that no urgency clause was invoked and that the enquiry under Section 5-A of the Act was held and then only the draft declaration under Section 6 of the Act was published. As such, Section 11-A of the Act operates. The draft declaration under Section 6 of the Act was published locally on 9-4-1992. Reckoning two years from that date and even excluding 9-4-1992, the Award ought to have been passed by 9-4-1994. But, in the instant case, the Award was passed on 7-4-1994 and if it is taken apparently as such, technically the requirement under Section 11-A of the Act is satisfied. But the very intendment and object of the amending Act 68 of 1984 in incorporating Section 11-A into the Act was to see that the compensation is kept ready at the disposal of the Land Acquisition Officer while passing the Award so that soon after the Award is passed, either it is disbursed to the awardees and in case there is a dispute with regard to the same, refer to a Civil Court under Section 30 of the Act along with the amount. I cannot countenance an argument that since the Award is passed on 7-4-1994 even there being no amount with the Land Acquisition Officer at his disposal to disburse the same to the awardees, the requirement under Section 11-A of the Act is satisfied. The requirement under Section 11-A of the Act is a mandatory one and not a directory and there is no meaning in passing an Award without there being money readily available with the Land Acquisition Officer for disbursement. If the money is not at the disposal of the Land Acquisition Officer at the time of passing of the Award, even if the Award is passed, it is only a paper Award and such a technical satisfaction under Section 11-A of the Act is not contemplated. Section 11-A of the Act substantively requires not only passing of the Award within two years, but also keeping the amount awarded ready with the Land Acquisition Officer at the time of passing of the Award for the purpose of disbursement or deposit as mentioned above. In the instant case, it is clear from the counter-affidavit that even as on this date, the Land Acquisition Officer is not ready with the compensation awarded and he is awaiting sanction from the Government for the awarded amount. In the circumstances, I hold that the mandatory requirement under Section 11-A of the Act has not been satisfied by the respondent and Section 11-A of the Act operated and the notification issued under Section 4(1) of the Act stood extinguished. As an inevitable corollary, the impugned Award dated 7-4-1994 became nonest under law. This order shall not preclude the respondent from taking steps for issuing fresh notification under Section 4(1) of the Act and then to proceed afresh from that stage.
3. The Writ Petition is disposed of accordingly. No order as to costs.