MAHADEO PANDURANG TAMBARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners claim to be the owners of agricultural lands in Gut Nos. 192 and 202 of village Andoora in Taluka Kallam of District Osmanabad. They are challenging the land acquisition proceedings which have culminated into an Award passed on 10-12-1990. The petitioners more particularly pray that the declaration dated 25-12-1987 made under section 6 of the Land Acquisition Act, 1894 (for short, the Act) and the Award dated 10-12-1990 be declared as inoperative.

(2.) ADMITTEDLY on 19-8-1986 the respondent No. 2 published section 4 notification in a local newspaper and the petitioners were served with the notice on 4-9-1986. After receiving the notice they filed their objections and section 5-A inquiry was conducted. The petitioners claim that the declaration under section 6 of the Act was published in the local newspaper of 25-12-1987 and thus, it being beyond the period of one year from the date of section 4 notification it was inoperative in view of provisions of Clause (ii) to first proviso of section 6 (1) of the Act. The Award was passed on 10-12-1990 and it was beyond the period of two years from the date of publication of section 6 declaration with reference to its publication in the local newspaper on 25-12-1987. The petitioners also contended that while conducting section 5-A inquiry they were not heard and hence, the principles of natural justice were violated.

(3.) THE Special Land Acquisition Officer has filed return and stated that the subject land was sought to be acquired for the construction of percolation tank at village Andoor and thus, for a public purpose. Notification under section 4 of the Act is dated 25-9-1986 and the Commissioner, Aurangabad, made a declaration under section 6 on 31-8-1987 i. e. well within one year. The said declaration was published in the local newspapers and the last publication of the said notification was published on 17-1-1989 and therefore, the Award passed on 10-12-1990 is within a period of two years from the date of last publication of the declaration under section 6 of the Act.