High CourtsDivision Bench(2002) 12 BOM CK 0026

Damodar Amrutrao Deore vs Malegaon Municipal Council and Others

Bombay High Court · Decided on 13 December 2002 · Citation: (2003) 1 ALLMR 792 : (2003) 2 MhLj 231

HON’BLE JUDGES
V.G. Palshikar, J · V.G. Munshi, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 4788 of 1992

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Judgment

3 paragraphs · 257 words

V. G. Palshikar, J.—By this petition, the petitioner seeks quashing of the land acquisition proceeding commenced by the State in relation to his land on the ground that they are vitiated by reason of Section 11A of the Land Acquisition Act.

2.

Facts which are not disputed stated briefly are that the petitioner is the owner of some land bearing survey No. 42/2 measuring 50 ores. On 30-6-1988 the State declared its intention to acquire this land by issuing a Notification u/s 4(1) of the Land Acquisition Act. Thereafter notices u/s 6 was published. Then on 19-10-1989 notices u/s 9 of the Land Acquisition Act was also issued to the petitioner. The petition was filed on 18-11-1992 and it is averred therein that award u/s 11 has not yet been made. Consequently the entire proceedings are vitiated by reason of Section 11A. Section 11A clearly provides that the Collector shall make an award u/s 11 within a period of two years from the date of publication on declaration u/s 6. It is further provided by that section that if no award was made within the period, the entire proceeding for acquisition of land shall lapse. In view of this positive mandate of law the proceedings commenced for acquisition of petitioner''s land are liable to be quashed as the award as contemplated by Section 11A was not made within two years as provided by that section.

3.

In the result, therefore the petition succeeds and is allowed. The land acquisition proceedings mentioned in the petition are hereby quashed.