{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.925 OF 2009 Bhau Vithoba Sase R/o Gundawadi, Tq-Patoda, Dist-Beed PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Revenue and Forest Department, Mantralay, Mumbai 2. The Collector, Beed 3. The Special Land Acquisition Officer, Minor Irrigation Division, Beed 4. The Executive Engineer, Minor Irrigation Division, Local Sector, Beed RESPONDENTS ....... Mr.D.R.Jaybhar, Advocate for the petitioner Mr.V.H.Dighe, AGP for respondents No.1 to 4 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 24th August 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of {2} learned counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition, under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ directing the respondents to declare the award of Gut No.102/97 at village Gundawadi Tq-Patoda, Dist-Beed within a particular time. The petitioner also prays for directing respondents No.2 and 3 to pay compensation of the acquired land to the petitioner. 3. In the light of limited relief, which the petitioner has sought for in this petition, we deem it appropriate to decide this petition finally at this stage. 4. We have heard Mr.Jaybhar, learned counsel for the petitioner and learned AGP Mr.Dighe, who accepts notice on behalf of respondents No.1 to 4. 5. It appears that possession of the land of the petitioner came to be taken from him some time in the year 1998 for the purpose of construction of a village tank. According to the petitioner, notification u/s 4 had been issued initially, on 03.04.2003, however since no steps had been taken thereto, the said notification lapsed. Thereafter, notification u/s 4 (1) again came to be issued some time in the year 2005. The petitioner claims that despite issuance of a notification no steps have been {3} taken by the respondents for acquisition of the land of the petitioner and for payment of compensation accordingly. 6. It is indeed unfortunate that though possession of the land of the petitioner has been taken from him, way back in the year 1998 yet no effective steps have been taken for acquisition of the land and for payment of the compensation to the petitioner. On notice of this petition being issued to the respondents, respondents have filed their affidavit in reply. In the affidavit in reply, in para 7, it is stated thus - “7. I say and submit that, after publication of the said notification under section 4 further steps will be taken for passing final award under section 11 of the Land Acquisition Act and within a period of one year and the final award under section 11 will be passed.” 7. We accept the aforesaid statement made by the respondents in the affidavit in reply as an undertaking to the Court that the award would be passed within one year from today and accepting the said statement we make the rule absolute on the terms of the statements. No costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp925-09