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Judgment
A.P. Lavande, J.—Heard Mr. V.G.P. Dukle, learned Counsel for the petitioners, Mr. V. Rodrigues, learned Additional Government Advocate for respondent nos. 1, 2 and 3 and Mr. D. Shirodkar, learned Counsel for respondent nos. 4 and 5. Leave to amend prayer clause.
Rule. By consent heard forthwith.
By this petition, the petitioners inter-alia challenges the land acquisition proceedings initiated by respondent no. 3. The petitioners have also sought a direction to respondent nos. 1 and 2 to hold inquiry u/s 5-A of the Land Acquisition Act (''the Act'' for short). The petitioners claim to be interested persons under the Act in respect of survey no. 57/3 (part) of Deussaua Village of Salcete Taluka.
By notification dated 30.12.2008, issued u/s 4, the State Government expressed intention to acquire land of several persons which included the property bearing survey no. 57/3 (part). The notification was published in the Official Gazette on 08.01.2009. Thereafter, notification u/s 6 of the Act dated 10.11.2010 was published in Official Gazette on 23.12.2010.
Mr. Dukle, learned counsel appearing for the petitioners submitted that till date no award has been passed and as such, the land acquisition proceedings have lapsed in view of Section 11-A of the Land Acquisition Act inasmuch as admittedly after publication of Section 6 notification no award has been made within a period of two years.
Shri Rodrigues, learned Additional Government Advocate appearing on behalf of respondent nos. 1 to 3 does not seriously dispute this position.
In terms of Section 11-A of the Act, an award has to be made within a period of two years from the date of the publication of the declaration u/s 6 of the Act and in case no award is passed within a period of two years, the land acquisition proceedings lapse.
In view of the above, it is evident that the land acquisition proceedings qua the land of the petitioners have lapsed since the Land Acquisition Officer has not passed the award within the statutory period contemplated u/s 11-A of the Act. In the result, therefore, the land acquisition proceedings in so far as the land bearing survey no. 57/3 (part) of the petitioners only are concerned are quashed. Rule is made absolute in the aforesaid terms. There shall be no order as to costs.