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1995 Supreme(SC) 808

B.L.HANSARIA, K.RAMASWAMY
Sharad Chandra Ganeshmuley – Appellant
Versus
State Of Maharashtra – Respondent


Judgement

JUDGMENT: -Delay of 840 days condoned.

2. Leave granted.

3. The appellant is challenging the notification under S. 4(1) of the Land Acquisition Act published on February 3, 1970. Initially, he filed W. P. 649/84 and obtained stay of dispossession on February 16, 1984. That writ petition was dismissed on merits on March 32, 1992. The Land Acquisition Officer made the award on March 30, 1994 which was challenged in W. P. No. 2249 of 1994, but without success. Thus these appeals by special leave against 62 the original writ petition as well as the second writ petition.

4. Shri Khanwilkar, learned counsel for the appellant, has stated in fairness that in the first writ petition he could not canvas the bar of limitation under S. 11A of the Act for the reason that the appellant had obtained an order through the Court on February 16, 1984 injuncting dispossession of the land from him; and in view of the judgments rendered by this Court that direction would be an impediment for the authorities to make the award within two years. Therefore, he raised a further contention that since the award has not been made within two years from the date of the decision of the High Court, namely, M





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