IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7197 OF 2009. Motichand s/o Hukumchand Bundelkhandi. ... PETITIONER. VERSUS The State of Maharashtra and ors. ... RESPONDENTS. ... Shri N.V. Gavare, Advocate holding for Shri V.B. Patil, Advocate for Petitioner. Shri R.P. Phatke, A.G.P. for R. Nos.1, 2 & 4. Shri R.N. Dhorde, Advocate holding for Shri V.R. Dhorde, Advocate for R.No.3. ... CORAM : A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 3rd FEBRUARY, 2010. PER COURT: 1. Heard learned Counsel for the parties. 2. Leave to amend so as to add Special Land Acquisition Officer, Jalgaon as party Respondent No.4. 3. Rule, returnable forthwith. The learned Counsel for respective respondents waive notice. By consent of the parties, taken up for hearing. 4. The reliefs claimed in the present petition are, as follows: “A. Rule be issued. B. Record and proceeding may kindly be called for; c. By appropriate writ, order or directions, in the like nature, the respondents particularly the respondents no.2 and 3 may kindly be directed to take all effective steps for acquisition of land of the petitioner i.e. the land comprised in S.No. 301/1/1B/2/1/1 situated at Chalisgaon which is to be called as reservation No.42 reserved in the development plan at Sr.No.44 reserved for particular purpose of slum clearance scheme in the development plan. D. By appropriate writ, order, or direction in the like nature, may please kindly be direct the respondent No.2 to issue notification U/sec.6 of the Land Acquisition Act, for acquisition of land of the petitioner bearing S.No.303/1/1-B/1/1 situated at Chalisgaon which is to be called as reservation no.42 and shown in the development plan at Sr.No.44 reserved for particular purpose i.e. for slum clearance scheme. E. By appropriate writ, order, or direction in the like nature, may kindly be held and declare that, if the acquisition proceeding i.e. for issuance of notification U/sec.6 of the Land Acquisition Act, of the land in question has not been issued within a stipulated period, would be resulted of declaration of de-reservation of land. F. Any other relief deemed fit may please be granted.” 5. It is not in dispute that the land owned by the petitioner has been reserved for slum clearance scheme in the development plan which was finalized in December, 1989. The petitioner served purchase notice on the respondents to acquire the disputed land on 1st March, 1990. The Municipal Council passed resolution and submitted proposal for acquisition to the respondents on 3rd July, 1999. Thereafter, nothing further has happened. In spite of repeated representations by the petitioner to the authority to issue notification under Section 6 of the Land Acquisition Act and to proceed with the proposed acquisition of the suit land, the respondents have not taken any positive steps in that direction. Accordingly, the present petition has been filed. 6. In our opinion, the authorities cannot sit over the proposal for such a long time. In law, the authority was obliged to issue notification under Section 6 of the said Act so as to take the acquisition proposal forward and acquire the land, in accordance with law. If the authorities are not interested in acquiring the land, the acquisition proceedings ought to be dropped and the land de-reserved from the development plan. Nothing of this has happened in the present case. 7. In the circumstances, we have no hesitation in directing the authorities to issue notification under Section 6 of the Land Acquisition Act, 1894 forthwith in the event they are interested in continuing with the acquisition proposal in respected the disputed land. If such notification is not issued within four months from today as requested by the Counsel for the petitioner, appropriate orders be issued to the effect that the acquisition proposal in respect of the disputed property has been dropped by the authorities. In other words, the authorities shall either issue notification under Section 6 of the Land Acquisition Act or release the property from acquisition within the time frame specified herein before. In the event section 6 notification is issued, the acquiring authority shall proceed with the acquisition action, expeditiously, to be finally disposed of not later than six months from the date of issuance of section 6 notification. While parting, we may place on record that the Counsel appearing for the Municipal Council submitted that the question of depositing the compensation amount at this stage by the Council in anticipation of acquisition, does not arise; as is directed by the Special Land Acquisition Officer, and as a matter of fact, the Government has in principle assured to finance the acquisition, which is mentioned in the communication dated 4th January, 2010. It is not necessary for us to express any opinion in that regard. That is the matter to be sorted out between the Municipal Council and the State Government. Petition is accordingly made absolute on the above terms. [ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ] PLK/*