1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5775 OF 1995 1. Kisan s/o Shankar Khule, Age 60 years, Occu.Agril., 2. Bharat s/o Kisan Khule, Age 20 years, Occu.Education Both r/o Kolhewadi, Taluka Sangamner, District Ahmednagar .. PETITIONERS VERSUS 1. The State of Maharashtra 2. The Special Land Acquisition Officer No.19, Ahmednagar, having office at Ahmednagar 3. The Additional Commissioner, Nasik Division, Nasik, having office at Nasik road, District Nasik. .. RESPONDENTS Shri S.K.Shinde, Advocate for petitioners Shri S.V.Kurundkar, Addl.Government Pleader for respondents - WITH - WRIT PETITION NO.5530 OF 1997 1. Dajiba Ravaji Yadav, Age 68 years, Occu.Agril., 2. Ramesh Dajiba Yadav, Age 28 years, Occu.Agril., 3. Madhukar Dajiba Yadav, Age 40 years, Occu.Agril., 4. Manik Dajiba Yadav, Age 35 years, Occu.Agril., 2 5. Dilip Dajiba Yadav, Age 32 years, Occu.Agril., 6. Yashawant Dajiba Yadav, Age 34 years, Occu.Agril., All R/o Jorve, Taluka Sangamner, District Ahmednagar .. PETITIONERS VERSUS 1. The State of Maharashtra 2. The Special Land Acquisition Officer, No.19, Ahmednagar, having office at Ahmednagar 3. The Collector, Ahmednagar, District Ahmednagar .. RESPONDENTS Shri S.K.Shinde, Advocate for petitioners Shri S.V.Kurundkar, Addl.Government Pleader for respondents WRIT PETITION NO.4443 OF 1994 Ashok s/o Wamanrao Dighe, Age 42 years, Occu.Agril., R/o Kolhewadi, Tq.Sangamner, District Ahmednagar .. PETITIONER VERSUS 1. The State of Maharashtra 2. The Additional Commissioner, Nasik Division, Nasik 3. The Special Land Acquisition Officer, No.19, at post Ahmednagar, having office at Ahmednagar .. RESPONDENTS Shri S.K.Shinde, Advocate for petitioners Shri S.V.Kurundkar, Addl.Government Pleader for respondents 3 WRIT PETITION NO.4392 OF 1998 1. Smt.Shahabai Baban Waman, Age 70 years, Occu.Agril., 2. Vatsalabai Kundlik Kale, Age 50 years, Occu.Agril., 3. Sindhubai Sampat Fatangare, Age 47 years, Occu.Agril., 4. Nanubai Govind Gunjal, Age 42 years, Occu.Agril., 5. Malubai Sahebrao Warpe, Age 40 years, Occu.Agril., All R/o Kolhewadi, Taluka Sangamner, District Ahmednagar .. PETITIONERS VERSUS 1. The State of Maharashtra 2. The Special Land Acquisition Officer, No.19, Ahmednagar, having office at Ahmednagar 3. The Collector, Ahmednagar, District Ahmednagar .. RESPONDENTS Shri S.K.Shinde, Advocate for petitioners Shri K.G.Patil, Addl.Government Pleader for respondents CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 22nd March 2010 4 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Shri Shinde, learned Counsel for the petitioners has tendered before us copy of the judgment rendered by the Division Bench of this Court to which one of us (P.V.Hardas, J.) was a member, in Writ Petition no.5571 of 1997 Balaji Tulsiram Argade (Died through L.Rs.) Sumanbai Sahadu Erande and ors. vs. State of Maharashtra and others dated 18.9.2009. Learned Counsel for the parties agree that the controversy involved in these petitions is squarely covered by the aforesaid judgment. 2. In that light of the matter and for the reasons stated in the aforesaid judgment, the present petitions are allowed and the award in question relating to the land of the petitioners is held to be contrary to the provisions of Section 11-A of the Land Acquisition Act. The land acquisition proceedings in relation to the respective land of the petitioners have lapsed. 3. Rule is thus made absolute on the above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5775.95wp) 5