MARUTI GANPAT JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE short question which falls for our consideration in this petition under Article 226 is whether the acquisition proceedings of the petitioners lands lapsed in view of section 11-A of the Land Acquisition Act, 1894 (the Act, for short ).

(2.) THE relevant facts lie within a narrow compass. The petitioners are the owners of Gat Nos. 69/2 and 95/2 situate at village Hivare, Taluka Junnar, District Pune. The Government of Maharashtra issued notification under section 4 of the Act declaring its intention to acquire an area of 55 ares out of Gat Nos. 69/2 and 1 hectare and 8 ares out of Gat No. 95/2 for the purpose of resettlement of persons displaced by Kukadi project in Pune district. After considering the objections raised by the petitioners in enquiry under section 5-A of the Act, notification under section 6 was published in the Government Gazette on 18th July, 1987. The notification was published in the local news papers some time in October 1987 and the parties have proceeded on the assumption that it was also published in the locality round about that time.

(3.) THE petitioners challenged the notification under section 6 by filing the present petition on November 10, 1987. On the application made by the petitioners for ad-interim reliefs an order came to be passed that possession of the lands shall not be taken until further orders. The said ad-interim relief which was granted on November 11, 1987 still continues to be operative. In the meanwhile the Special Land Acquisition Officer No. 13 appears to have made a report to the District Re-settlement Officer wherein after referring to the pending petition he has opined that the acquisition proceedings are lapsed, since the award has not been declared within two years as provided by section 11-A of the Act.