S.B.SINHA, MARKANDEY KATJU
Mohan – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Markandey Katju, J. — Leave granted.
2. This appeal has been filed against the impugned judgment of the Bombay High Court (Aurangabad Bench) dated 12.4.2005 in Writ Petition No.455 of 2004.
3. Heard learned counsel for the parties and perused the record.
4. The petitioner has prayed for quashing the award dated 4.2.2003 published by the Special Land Acquisition Officer in respect of Renapur Medium Project at village Talegaon (Ghat). The High Court had dismissed the writ petition and hence this appeal.
5. The short point before us is whether the award was illegal in view of Section 11A of the Land Acquisition Act (hereinafter referred to as “the Act”).
6. The date of last publication of the notification under Section 4 of the Act was 18.2.1999 (in Gazette). The last publication of the declaration under Section 6 of the Act was 28.2.2000 whereas the award was published on 4.2.2003. According to the learned counsel for the appellant the award ought to have been published on or before 28.2.2000 which was the date of the last declaration under Section 6 of the Act. Learned counsel has invited our attention to Section 11A of the Act which states:
“11A. The collector shall make an
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