MIRABAI SHIVAJI ROTE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2003-8-130
HIGH COURT OF BOMBAY
Decided on August 04,2003

SHIVAJI PUNJA ROTE Appellant
VERSUS
CIRCLE OFFICER, DEOGAON, NASHIK Respondents

JUDGEMENT

- (1.)ALL these three petitions have been filed by the petitioners for an appropriate writ, direction or order quashing and setting aside land acquisition proceedings and final Award dated 23rd September, 1986, by which the land of the petitioners has been acquired.
(2.)WHEN the matters came up for admission hearing, notice was issued by us on 27th June, 2003 and was made returnable after four weeks. It was clarified in the order of notice that the matters will be finally disposed of on the returnable date. The respondents then appeared and an affidavit in reply is filed on behalf of State authorities by Special Land Acquisition Officer, National Highway Project, Nashik as also by the Executive Engineer, Nandur Madhameshwar Canal Division, Vaijapur.
(3.)THE learned counsel for the petitioners contended that since Award was not made within a period of two years from the date of publication of notification under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), the entire proceedings were vitiated. It was submitted that the notification under Section 6 was issued on 3rd January, 1983 and was published on 21st January, 1983. The Award was passed on 23rd September, 1986, i. e. after more than three years. It was thus clear that the award was not passed within a period of two years, which is the maximum period laid down in the Act. Hence, the land acquisition proceedings were liable to be quashed.


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