MAHESH SHIVAJI DIGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Perused the records.

(2.) IN both these petitions common question of law and facts arise and, therefore, they were heard together and are being disposed of by this common judgment. In both these petitions, the petitioners challenge the award passed by the Land Acquisition Officer in the land acquisition proceedings, being contrary to the mandate of Section 11a of the Land Acquisition Act, 1894 (hereinafter called as "the said Act"), inasmuch as that, the award was not passed within a period of two years, from the date of last declaration of the notification under Section 6 of the said Act.

(3.) FEW facts releavant for the decision are that, the respondent sought to acquire land for the purpose of Resettlement of Project Affected persons of Upper Pravara (Nilbande) Project, taluka Akole, district ahmednagar, by issuing notification under Section 4 of the said Act on 31st of Oct. , 1992, and the same included the land to the extent of 81 R. from Gat No. 173 of the petitioners in writ petition No. 5568/1997, and 81 r. from Gat No. 56 of the petitioners in Writ Petition No. 5572/1997. The gazette notification under Section 4 was published in the official gazette on 3rd of Dec. , 1992. After heairng the objections by the parties and enquiry under Section 5a of the said Act, a notification under Section 6 of the said act came to be Issued on 3rd of Dec. , 1993. The same was published on 20th Dec. , 1993, in the local newspaper. It was declared in the concerned locality on 4th of Dec. , 1993. The award came to be passed on 8th of March, 1996, and notices under Section 12 (2) of the said Act came to be served upon the petitioners on 17th Oct. , 1997.