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2004 Supreme(Bom) 598

R.M.S.KHANDEPARKAR, V.G.MUNSHI
Mahesh Shivaji Dighe – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

R.M.S. Khandeparkar, J.

.1. Heard.

.Perused the records.

.2. In both these petitions common questions of law and facts arise and, therefore, they were heard together and are being disposed of by this common judgment.

.In both these petitions, the petitioners challenge the award passed by the Land Acquisition Officer in the land acquisition proceedings, being contrary to the mandate of Section 11A of the Land Acquisition Act, 1894 (hereinafter called as "the said Act"), inasmuch as that, the award was not passed within a period of two years, from the date of last declaration of the notification under Section 6 of the said Act.

.3. Few facts relevant for the decision are that, the respondentsought to acquire land for the purpose of Resettlement of Project Affected persons of Upper Pravara (Nilbande) Project,

.Taluka Akole, District Ahmednagar, by issuing notification under Section 4 of the said Act on 31st of October, 1992, and the same included the land to the extent of 81 Rule from Gat No. 173 of the petitioners in Writ Petition No. 5568/1997 and 81 Rule from Gat No. 56 of the petitioners in Writ Petition No. 5572/1997. The gazette notification under Section 4 was published
























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