Damodar Amrutrao Deore vs Malegaon Municipal Council And ...
2002 Latest Caselaw 1315 Bom

JUDGMENT

V. G. Palshikar, J.

1. 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 under Section 4(1) of the Land Acquisition Act. Thereafter notices under Section 6 was published. Then on 19-10-1989 notices under Section 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 under Section 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 under Section 11 within a period of two years from the date of publication on declaration under Section 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.