1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2455 OF 2007 Nilimabai w/o Bhushan Maheshwari Petitioner. V E R S U S The State of Maharashtra and others. Respondents. Shri J.R.Shah, Advocate for the petitioner. Ld. AGP for the respondent 1. R-2 to 4 served. ..... CORAM : S.B.DESHMUKH AND SHRIHARI P. DAVARE, JJ. DATE : 3 rd DECEMBER, 2009. ==== PER COURT :- 1. We have heard the learned counsel Mr. J.R. Shah for petitioner, Ld. AGP for respondents No.1 and 2. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. The petitioner approached to this Court praying for appropriate writ directing the respondents to initiate land acquisition proceedings for the petitioner’s land gat No.53 situated at village Bal-Amrai, Tq. & Dist Nandurbar 2 ad measuring 9 Hectares 15 Ares and to complete the land Acquisition Proceedings within a stipulated period and pay compensation as per the market value. 4. In response to this petition, reply affidavit has been filed on behalf of respondent No. 4 which is sworn in by one Mr. Pundlik Amruta Gaikwad, working as in Charge Land Acquisition Officer No.2, Nandurbar at the relevant time. In paragraph No.5 of the reply affidavit it has been further stated that the land of the present petitioner is in hilly area. It was an acquisition for about 300 hectares of land by the State Government for public purpose i.e. for Shivan (Virchek) Medium Project. Compensation has already been paid to the concerned claimants, for whose properties award has been passed under section 11 of the Land Acquisition Act. It reveals from paragraph No.8 and 9 of reply affidavit that respondents have taken steps for acquisition of the Land of the present petitioner. Notification under sub section 1 of Section 4 of the Land Acquisition Act, 1894 has been published on April 4, 2008. Notification under section 6 has also been published on March 10, 2009 and Government Gazette as well on January 29,2009. Notice under section 9 (1) (2) of the Land Acquisition Act is also issued on May 27, 2009. A statement further is made that this notice was not served to the petitioner on account of change in address of the present petitioner. Joint 3 measurement contemplated under section 8 of the Land Acquisition Act, 1894 has been carried out on August 3, 2007. Such statement is in paragraph No.11. Thus, steps which are required to be taken for acquisition of the property have substantially been taken, now only petitioner is supposed to file his response/reply to notice under section 9 (1) (2) to the Special Land Acquisition Officer concerned and thereafter to pass an award under section 11 of the Land Acquisition Act, 1894. 5. In view of the affidavit filed on behalf of the respondent, in our view this petition can be disposed of by taking on record statement made by the learned counsel Mr.J.R.Shah, on instructions of petitioner that petitioner would furnish reply of notice under section 9 (1) (2) of Land Acquisition Act, 1894 within three weeks from today. On receipt of such reply Special Land Acquisition Officer shall pass award under section 11 in accordance with the provisions of Land Acquisition Act . 6. This petition, therefore is partly allowed. Petitioner to furnish reply of notice under section 9 (1) (2) to Special Land Acquisition Officer within a period of three weeks. On behalf of the petitioner, statement is made by the counsel Mr. J. R. Shah that petitioner would not make any grievance in respect of non receipt of notice under section 9 (1) (2) of Land Acquisition Act. 4 We direct the respondents to pass appropriate award in accordance with the provisions of law within a period of four months from the date of receipt of the reply under section 9 (1) (2) of the Act from the petitioner. 7. Writ Petition therefore is partly allowed in above terms and disposed off. No order as to costs. Rule is made absolute in above terms. ( SHRIHARI P. DAVARE, J. ) ( S. B. DESHMUKH, J. ) ***** aaa/2455.07