The petitioners have called into question the preliminary notification, dated 9.6.2008 (AnnexureB) and the final notification, dated 18.5.2010 (Annexure-C) issued under Section 4(1) and 6(1) of the Land Acquisition Act, 1894 (‘the said Act’ for short) respectively.

2. Sri H.M. Dharigond, the learned counsel for the petitioners has urged two grounds. Firstly, he contends that the final notification is not within one year from the date of the issuance of the preliminary notification. Secondly, the award is not passed within two years from the date of the publication of the final notification.

3. Sri Ramesh N.Misale, the learned counsel for the respondent No.5 submits that the final notification, dated 18.5.2010 is well within one year from the date of the last of the publications of the preliminary notification. He submits that the preliminary notification is published in the Gazette, dated 3.7.2008 and that it was displayed in Gram Chavadi on 20.5.2009. He submits that the award is prepared by the Special Land Acquisition Officer (‘SLAO’ for short) on 15.11.2012 itself which is well within two years from the date of the publication of the final notification – 18.5.2010. The Government has granted the approval on 29.11.2012.

4. Sri Ravi V.Hosamani, the learned Additional Government Advocate appearing for the respondent Nos.1 to 4 makes the submissions akin to those of Sri Misale.

5. The submissions of the learned counsel have received my thoughtful consideration. The first question that falls for my consideration is whether the final notification is within one year from the date of the publication of the preliminary notification. It is not in dispute that the preliminary notification was published on 9.6.2008. The final notification was published on 18.5.2010. An attempt is made by the respondents to establish that the publication of the final notification is within one year from the last of the publications of the preliminary notification. It is their contention that the preliminary notification was put up on the notice board of Gram Chavadi on 20.5.2009, as is evident from AnnexureR5 drawn under the mahazar. I find it difficult to accept this submission, because the next annexure, that is Annexure-R6 (to the fifth respondent’s statement of objections) states that it was notified in the Gram Chavadi on 31.12.2008. The discrepancy in the matter of dates between AnnexuresR5 and R6 has remained unexplained. The communication, dated 6.11.2009 (AnnexureR6) further states that the notice is sent to all the interested persons on 31.10.2008 granting time to them to file the objections till 30.11.2008. When the notice displayed in the Gram Chavadi mentions that the objections are to be filed within 30.11.2008, it cannot be contended by the respondents with any rate of success that the notice in Gram Chavadi came to be displayed on 20.5.2009.

6. As the last of the publications was issued on 31.12.2008, the final notification ought to have been issued on or before 31.12.2009. Admittedly, the final notification is published on 18.5.2010. This is a clear violation of the timeline prescribed by proviso to Section 6(1) of the said Act.

7. The second question that arises for my consideration is whether the award is passed within two years from the date of the publication of the final notification. Section 11A of the said Act states that the Deputy Commissioner shall make an award within a period of two years from the date of publication of the declaration and that if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse.

8. Admittedly the award in the eyes of law is passed on 4.1.2013. It is sought to be contended by the respondents that the SLAO has prepared the award on 15.11.2012 itself and that the Government has approved the same on 29.11.2012 and that the award notice under Section 12(2) dates back to preparation of the award by the SLAO.

9. Such a contention is wholly unacceptable. When t