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2006 Supreme(Bom) 1046

R.M.S.KHANDEPARKAR, S.R.DONGAONKAR
PRAKASH VISHWANATH KHUTE – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER, BULDHANA – Respondent


ORAL JUDGMENT

R. M. S. KHANDEPARKAR, J. : - Heard. Rule. By consent, the rule is made returnable forthwith.

2. By the present petition, the petitioners challenge the award dated 4 -11 -2003 declared under section 11 of the Land Acquisition Act, 1894, hereinafter called as "the said Act". The award is in relation to acquisition of the land which was sought to be acquired under the Notification issued under section 4 of the said Act on 5 -4 -2001 for the purpose of construction of 7 to 11 km. Canal of Pentakli Medium Irrigation Project. The challenge is on the ground that the award is bad in law in view of the provisions of law comprised under section 11 -A(1) of the said Act, since it is declared beyond the period of two years from the date of publication of the declaration under section 6 of the said Act.

3. The undisputed facts relevant for the decision are that the Notification under section 4 of the said Act seeking to acquire the land of the petitioners was issued on 5 -4 -2001. The declaration under section 6 of the said Act was published in the official gazette on 10 -9 -2001 and in the newspaper it was published on 15 -9 -2001. The award under section II was decl




























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