The central legal point established in the judgment is the requirement for communication of the award to the affected party for it to come into force under Section 11 of the Land Acquisition Act.

U.D. Salvi, J.:

1. Heard. Perused. Rule. Rule made returnable forthwith. Heard finally by mutual consent of the parties.

2. Quashing of the land acquisition award bearing LAQ/SR/01/2001, dated 27.2.2012, passed by the Sub-Divisional Officer, Jalgaon Division, Jalgaon the respondent No.2 herein, under Section 11 of the Land Acquisition Act in respect of landed property Gat No.19, situate at Kathora, Taluka and District Jalgaon, admeasuring 69 Ares is sought in the present petition.

3. The petitioners, who claim to be the farmers cultivating the said land, state that they had submitted objections to the acquisition of the said landed property before the respondent No.2 in response to the issuance of a notification under Section 4 of the Land Acquisition Act, dated 24.12.2009, by the respondent No.1/ State on 27/1/2010, and prayed for dropping of the acquisition vide objections dated 27.1.2010 (Exhibit B). The petitioners further state that a representation was made to the respondent No.2 on 22.6.2010 to consider their objections and give hearing to them as contemplated under Section 5A of the said Act and yet the respondent No.2, regardless of this representation, caused a notification under Section 6 of the said Act to be issued on 25.6.2010. The petitioners submit that no opportunity of hearing as required under Section 5A of the Act was given to them.

4. On apprehending passing of award upon issuance of the notice under Section 9(3)(iv) of the Act on 31.8.2010. The petitioners preferred this petition initially for quashing the declaration under Section 6 of the Act, dated 25.6.2010. In September 2012, the petitioners incorporated challenge to the award dated 27.2.2012 passed by the respondent No.2 on the ground that they had not received the notices under Section 12(2) of the Act and they had continued to cultivate the land for the reason of the actual physical possession remaining in their hands.

5. The respondent Nos.2 to 4 replied the petition vide reply dated 30.10.2012 and refuted the allegations of arbitrariness, and submitted that the objections to the acquisition were duly considered. However, they remained reticent regarding the service of notices under Section 12(2) of the Act in respect of the award under Section 11, passed under the said Act on 27.2.2012.

6. On this backdrop, learned Advocate Mr. Deshpande for the petitioners submitted that for land acquisition proceedings initiated under section 4 of the said Act, to duly culminate into an award under Section 11 of the Act, it was incumbent upon the authority the Collector to have given immediate notice of the said award to the petitioners, being such of the persons interested as are not present personally or by their representatives when the award was made. He submitted with reference to the judgment of the Hon’ble Apex Court reported in AIR 1961 SC 1500 (1) : Raja Harish Chandra Raj Singh Vs. The Deputy Land Acquisition Officer & anr., that the award of Collector, in law is an offer or tender of the compensation determined by the Collector to the owner or person interested in the property under acquisition and as such, its communication to the owner of or the person interested in such property is an essential requirement of fair play and natural justice and as such mandate of law. He submitted that any award of which the notice is not given by the Collector as contemplated under Section 12(2) of the Act would not come into force, and as such it would amount to no award being made as per law and, therefore, the land acquisition proceedings in the instant case should be deemed to have been lapsed.

7. Learned A.G.P. appearing for the State conceded that there has been no notice issued of the award as contemplated under Section 12(2) of the Act and as such the legal consequences must follow.

8. As regards the finality of the award of Collector under Section 11 of the Act, Section 12 as amended by the Maharashtra Act No.38 of 1964 speaks thus : 12. Award of