SAVLARAM SHANKAR WAGHCHAVARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule.

(2.) Admittedly the notification under section 6 of the Land Acquisition Act was issued in the year 1984. Notices were issued under section 9(3)(4) of the said Act after a lapse of about 11 years i.e. on 10-11-97 and no award has been passed till this date. That no award has been passed in respect of the land which are the subject matter of the petition is not disputed. The provisions of section 11A mandate that the Collector shall make the award under Section 11 within a period of 2 years from the date of publication of the declaration and if no award is made within that period the entire proceedings for the acquisitions of the land shall lapse. Explanation provides that in computing the period of 2 years referred to in this section period during which any action or proceedings to be taken in pursuance of the said declaration is stayed by an order of a court shall be excluded.

(3.) It is an agreed position before us that several petitions challenging the acquisition under the very notification were pending. However, the stay granted therein was vacated on 6-2-1996. On these admitted facts in as much as the award has not been passed till this date, mandatory provisions of section 11A must become operative and the acquisition of the land must be held to have lapsed under the provisions of section 11A of the said Act.