(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 5693 OF 2007 Gautam s/o. Ambadas Bakale & another. .. Petitioners. versus The State of Maharashtra, through the Secretary, Irrigation Department, and 3 others. .. Respondents. .......................... Mr. V.D. Salunke, Advocate, for the petitioners. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos. 1 to 3. Mr. S.G. Sangle, Advocate, for respondent no.4. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 30TH JULY 2009. COURT'S ORDER : 1. By way of present petition, the petitioners have challenged the notice issued to them under Section 4(1) of the Land Acquisition Act, 1894. (2) 2. A reply is filed on behalf of the State Government, that though notification under Section 4(1) of the Land Acquisition Act was issued on 25th August 2006 and have already deposited the amount of compensation in the office of respondent nos.2 and 3, the further proceedings could not be conducted for want of joint measurement as the villagers have obstructed the officers from the office of Taluka Inspector of Land Records on various occasions. 3. It thus appears to be undisputed position, that though notice under Section 4 of the the Land Acquisition Act was issued on 25th August 2006, till date, a declaration under Section 6 is not issued. 4. From the perusal of Section 6 of the Land Acquisition Act, it is clear that in so far as notification under Section 4 issued after the commencement of the Land Acquisition (Amendment) Act, 1984, is concerned, the declaration in respect of the land covered under Section 4(1) cannot be made after the expiry of one year from the date of publication of notification under Section 4(1). It is thus clear that since the declaration under Section 6 is not issued within a period of one year from the issuance of notification under Section 4(1) of the said Act, the efficacy of the said notification has lapsed. 5. In that view of the matter, nothing survives in the petition. The petition is disposed of, as such. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp5693