- (1.) S.L.P. Nos. 18079/91, 17883/90 are taken on board. Substitution allowed. Leave granted in all the S.L.Ps.
(2.) A common question of law arises for decision in these matters. Hence, they are disposed of together.
(3.) The Maharashtra Regional and Town Planning, Act 37 of 1966, (for short 'the Act') was invoked for acquiring the land in question by the Regional and Town Planning Board for planned development in the State of Maharashtra. The facts in C.A. No. 4925/89 are sufficient for consideration and decision in these appeals. The Act was amended by Amendment Act, 1970 which came into force on February 17, 1971 as Act 14 of 1971. A notification under S. 125 of the Act was published on December 28, 1972. The land could be acquired by agreement with the owner, or making an application to the State Government for acquisition under Land Acquisition Act, 1894, (for short 'the Central Act') in which event by operation of the proviso to sub-section (2) of S. 126, the declaration has to be made within three years from the date of the publication of notification under S. 125. The notification under S. 125 is treated as one (under) S.4(1) and the declaration under sub-section 2 of S. 126 as declaration under S. 6 of the Central Act. The failure to have the declaration published within three years entails with the prohibition to take further action in acquiring the land.;