1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 749 OF 2009 IN WRIT PETITION NO. 5452 OF 2008 Govind tukaram Shete & Ors. .... Petitioners. Versus Special Land Acquisition Officer No.2 and others. .... Respondents. A N D The Executive Engineer, Pune. .... Applicant. -: ALONG WITH :- CIVIL APPLICATION NO. 751 OF 2009 IN WRIT PETITION NO. 5482 OF 2008 Jagannath Laxman Bhelake & Ors. .... Petitioners. Versus Special Land Acquisition Officer No.2 and others. .... Respondents. A N D The Executive Engineer, Pune. .... Applicant. Mr. Vijay Patil for the Applicant in both the civil applications. Mr. Ranvir Shekhawat for Petitioners in WP 5482/08. Mr. C. R.Sonawane, AGP for the State. CORAM: BILAL NAZKI and MRS.V.K.TAHILRAMANI, JJ. DATED : 19TH JUNE, 2009. 2 P. C.: These civil applications have been filed by the Intervenors, who are the interested persons as the land is being acquired for their benefits. Earlier the State filed an application for vacation of order of stay granted by this Court by order dated 30th March, 2009 which was dismissed. But at that time, we were not shown the position of law with regard to calculation. 2. Today, we have heard the learned Counsel appearing for the parties. The order granting stay was passed on the ground that the notice under Section 6 of the Land Acquisition Act had been published on 21st January, 2006 and award had been passed on 24th January, 2008 and the Court was of the view that the Award had not been passed within two years in terms of Section 11A of the Land Acquisition Act. Therefore, the stay was granted. It is well settled under the Limitation Laws that the first date has not to be counted for the purpose of counting two years and thus even if 21st January, 2006 is not counted for the purpose of limitation, the Award was not passed within a period of two years. In this connection the applicants also relied on a judgment of the Supreme Court in the case of Saketh India Ltd. and others v/s India Securities Limited , reported in (1999) 3 SCC 1. 3 3. However, learned Counsel for the petitioners submitted that the notice was issued under Section 6 of the Land Acquisition Act on 5th January, 2006 and as such in any case the Award passed on 24th January, 2008 was a nullity. We have gone through the counter affidavit filed by the Land Acquisition Officer in which he has admitted that the Notification under Section 6 of the Land Acquisition Act was published in the Gazette earlier to 24th January, 2006. But he has also maintained that the declaration under Section 6 of the Land Acquisition Act was published also for the last time at Tahsil Office on 15th January, 2006 and at village Chavadi on 24th January, 2006. In such case the award passed on 24th January, 2008, prima facie appears to be within time. 4. For these reasons, the stay granted by this Court on 19th January, 2009 in both the aforesaid writ petitions is vacated. 5. Both the civil applications are, accordingly, disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (MRS.V.K.TAHILRAMANI, J.)