R.M. Borde, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. Instant writ petition is presented by eleven agriculturists challenging the award passed by Sub Divisional Officer and Land Acquisition Officer, Degloor on 31.03.2010.

3. The impugned award is passed in respect of lands belonging to petitioners situate at village Bhendegaon Khurd, Tq.Mukhed, District Nanded, which are required for the purposes of resettlement of project affected persons.

4. It is not disputed that on earlier occasion, agricultural lands belonging to petitioners situate at village Bhendegaon Khurd have been acquired for submergence under Lendi Project by declaring the award on 30.11.2005. It is not a matter of dispute that Lendi Project is an Inter-State Project jointly executed by the State of Maharashtra and State of Andhra Pradesh. In view of acquisition of lands belonging to the petitioners for Lendi Irrigation Project, they are “affected persons” within the meaning of provisions of Maharashtra Project Affected Persons Rehabilitation Act, 1999. The subsequent acquisition of remaining lands belonging to the petitioners for resettlement of project affected persons of the same project is a matter of challenge in this petition.

5. It is to be noted that petitioners themselves are affected persons since their village falls into “affected Zone”. Their remaining lands are again subjected to acquisition for resettlement of project affected persons. Petitioners, themselves, in view of acquisition of their lands for the said Irrigation Project, fall within the category of “affected persons” and are required to be resettled in the benefitted Zone, however, their remaining lands are subjected to acquisition without taking care to resettle them. The notification under Section 4 of the Land Acquisition Act was issued on 09.11.2006 in the Official Gazette and after following procedure prescribed under Land Acquisition Act, award came to be passed on 31.03.2010.

6. The award passed by the Land Acquisition Officer is challenged mainly on the ground that the State of Maharashtra has not issued the notification as required under Section 13(1) of the Act No.11 of 2001 declaring affected and benefitted Zones. In view of provisions of Section 14(4) of Act No.11 of 2001, for the purposes of rehabilitating affected persons from the affected Zone under the Irrigation Project including those under any irrigation project, the Commissioner may acquire land from holding in the benefitted zone of the project according to the slab declared in the notification under sub-section (1) of Section 13 and may also acquire, where necessary, land from any other villages or areas, as it may deem fit. In the instant matter, since the Commissioner has not declared affected and benefitted zones, as required under Section 13(1) of the Act No.11of 2001, the whole proceedings of acquisition are vitiated.

7. The State of Maharashtra published a notification under Section 11(1) of the Maharashtra Resettlement Of Project Displaced Persons Act, 1976 in the Official Gazette dated 13.11.1987 declaring that the provisions of the said Act shall apply to Lendi Major Irrigation Project in Mukhed Taluka, District Nanded, from the date of issuance of Notification. The list of villages likely to be in the affected and benefitted zones of the Lendi Major Irrigation Project was also published. Village Bhendegaon Khurd falls under the category of affected Zone. Section 11 of the Act of 1976 reads thus:

“11. Application of Act to Project: (1) If the State Government is of opinion that it is necessary or expedient in the public interest so to do, for the resettlement of displaced persons, it may, by notification in the Official Gazette, declare that the provisions of this Act shall apply in relation to the Project specified in the notification; and thereupon, the provisions of this Act shall apply to such Project. The notification s