use the property. By reason of section 4(1a) of 1948 Act land can be sought to be acquired under the 1948 Act. The proceedings is altogether different from the one contemplated under the 1894 Act. Section 7A introduced in 1948 Act through 1996 W.B. amendment prescribed lapse of proceedings despite the requisition having ended and the property having vested in the State. Inasmuch as 1948 Act does not contain any provision similar to that of section 48 of 1894 Act. Thus, the impact or implication of the provision of section 4(1a) of 1948 Act has to be read in the context different from the 1894 Act in view of section 7A incorporated therein by 1996 Act. Whereas section 11A is to be read in the context of section 48 of 1894 Act. The possession that is taken either under section 17 or under section 16 are altogether for different purpose. Such possession confers title to the property upon the Government. Title, then, does not continue with the owner. Under section 4(1a) of 1948 Act no possession is taken. It is by fiction the property vests in the Government on the issue of such notice. But by reason of section 7A of 1948 Act such vesting has been made subject to lapse on the expiry of the period and happening of the contingency contemplated in section 7A. Therefore, the principle with regard to taking of possession and the implication of section 11A of 1894 Act, thereof, cannot be borrowed in respect of section 4(1a) of 1948 Act. The scheme of the two Acts are altogether different. 29 . Then again section 16 postulates taking of possession only after the award is made. The vesting takes place on the taking of possession. Thus, unless the award is made the possession cannot be taken and the property can not vest in the Government under section 16. Under section 4(1a) of 1948 Act no question of award before taking possession is contemplated. Once possession is taken after the award under section 16 of 1894 Act by reason of section 48 the Government cannot withdraw from the acquisition. But then in such a case section 11A has no manner of application since it postulates declaration of award, only after which, section 16 comes into play. The exception to section 11A where award has not been declared within the time stipulated flows from section 17 of 1894 Act. Where there are urgency the Collector may take possession even before the award is declared. But such possession can be taken only after expiry of 15 days from publication of notice under section 9(1) of 1894 Act. Without such notice section 17 cannot be resorted to for the purpose of taking possession. Publication of notice under section 9(1) of 1894 Act is a pre-condition for taking possession under section 17. Sub-section (3A) of section 17 of 1894 Act postulates tendering of 80% of compensation as estimated before taking possession. Thus, the possession under section 17 has an effect or semblance of an award in the form of an estimation of compensation, 80% of which is to be tendered before taking possession. Thus, there is not much difference in the taking of possession either under section 16 or under section 17 of 1894 Act in respect of the principle that before taking possession compensation is to be secured. Under section 16 of 1894 Act by passing an award the compensation is secured. Whereas under section 17 of 1894 Act by tendering 80% of estimated compensation
