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2019 Supreme(Bom) 1172

R.M.BORDE, N.J.JAMADAR
Sahebrao Bhausaheb Kalate – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.R.A.Thorat, Senior Advocate with Mr.Sandeep S. Salunkhe, Mr.Girish Godbole a/w Mr.R.S.Kohli a/w Vikram Chavan a/w Preeti Limchiya a/w Ms.Dhvani Jain a/w Jatin Sahai a/w Khalid Kazi a/w K.Ayesha i/b M/s C.K.Legal
For the Respondent: Mr.P.P.More, Ms.S.V.Bharucha with Mr.M.S.Lagu, Mr.G.H.Keluskar, Mr.N.R.Bubna, Mr.Sandeep V.Marne

JUDGMENT :

R.M. BORDE, J.

1. Heard.

2. Rule. Rule made returnable forthwith. With consent of the parties, the petitions are taken up for final hearing at the admission stage.

3. The petitioner in Writ Petition No.9630 of 2017, whose landed property ad-measuring 27R out of Gat No.1 situated at Wakad, Taluka Mulshi, District Pune is subjected to acquisition proceedings, is praying for issuance of writ of certiorari or a writ in the nature of certiorari or any other writ or direction for quashing and setting aside the Award dated 2nd June, 2017 passed by the Special Land Acquisition Officer, Special Unit No.2, Pimpri, Pune. Though the petitioner has prayed for issuance of declaration that the acquisition proceedings in respect of suit land have lapsed in view of failure to comply with the provisions of section 11(A) of the Land Acquisition Act, 1894 (for short “Act of 1894”) i.e. failure to pass an Award within a period of two years from the date of declaration under section 6 of the Land Acquisition Act, 1894, however, said relief has not been pressed in view of the judgment of the Supreme Court in the matter of Girnar Traders vs. State of Maharashtra and Others (2011) 3 SCC Page 1. The

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