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2007 Supreme(Bom) 1360

S.B.MHASE, D.G.KARNIK
Bhalchandra Vithoba Barne – Appellant
Versus
Special Land Acquisition Officer, Pune – Respondent


Advocates:
Advocate Appeared
None for the petitioners.
Mr.V.A. Sonpal, A.G.P. for the respondents no.1 to 3, 5 and 6.
Mr.V.D. Patil for the respondent no.4.

ORAL JUDGMENT:

Per D.G. Karnik, J.

1. Heard learned counsel for the respondents. None present for the petitioners.

2. By this petition, the petitioners challenge the acquisition of their land and the award dated 23rd September 1986 passed by the respondent no.1 as illegal. The land in question was acquired for Pimpri Chinchwad New Township Development Authority (respondent no.4). A notification under section 6 of the Land Acquisition Act was issued and the award was passed on 23rd September 1986. The petitioners have challenged the award on the following grounds:- (i) That the award under section 11 of the Land Acquisition Act was not made within a period of two years of the commencement of the amending Act which came into force on 24th September 1984. Therefore, making of the award is invalid. (ii) The award was not made actually on 23rd September 1986 but was made subsequently and the award has been ante dated. (iii) Notice of the making of the award was not given to the petitioners within two years after the commencement of the amending Act and, therefore, also the award is invalid.

3. Record shows that the award was made on 23rd September 1986 and the award is dated as such. Obv





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