JUDGMENT

1. Leave granted. For the purpose of implementing the expansion programme undertaken by it, the Maharashtra State Power Generation Company Limited (respondent No. 3) sent a requisition to the State Government to acquire land in village Paras, District Akola. Thereupon, the State Government issued notification dated 30.11.2008 under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') proposing to acquire 132 hectares land. The Appellants, whose lands were included in the notification filed objections under Section 5A(1) and prayed that in view of the policy framed by the State Government not to acquire fertile land, their land may be left out from the process of acquisition. They also pleaded that there was no justification to acquire their land because large tract of government land was available and the same can be transferred to Respondent No. 3. It is the Appellants' case that without giving them opportunity of hearing, the State Government issued the declaration under Section 6, which was published on 30.5.2009. After one year and six months, notice dated 14.2.2011 was issued in respect of 109 hectares only and land comprised in survey Nos. 1033, 1040,