1 W.P. 508/1997 & 510/1997 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 508 OF 1997 Bhujang S/o Laxmanrao Kulkarni & another .... PETITIONERS VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 510 OF 1997 Nivruti S/o Krishna Giram & another .... PETITIONERS VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mrs. M.A.Kulkarni, Advocate for petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 06/07/2010 ORAL ORDER : [ PER - B.R.GAVAI, J. ] 1. By way of present petition, the petitioners pray for quashing of an Award dated 20/4/1996 on the ground that the same is passed after the period of 2 years from the date of publication of declaration as contemplated U/s 6 of the Land Acquisition Act. 2 W.P. 508/1997 & 510/1997 2. The learned Assistant Govt. Pleader appearing on behalf of respondent – State submits that the acquisition of the land in question is for construction of the road. It is submitted that the entire road, except the part falling within the land of the petitioner, has been constructed. It is submitted that only on account of the interim order passed in the matter, the road could not be constructed. It is further submitted that the other persons have already accepted the compensation. 3. From the Award, it can be seen that the declaration U/s 6 of the Land Acquisition Act has been published in the official Gazette on 22/10/1992. It has been published in news-paper on 10/2/1993 and 13/2/1993. However, it appears that an attempt is made to show that the publication in the village Chawadi was made on 22/4/1996. The respondents have not been in a position to produce any material on record to show that in fact publication in the village Chawadi was made on 22/4/1996. The date obviously is shown in order to bring the impugned Award dated 20/4/1996 within limitation. Perusal of the affidavit in reply would also reveal that there is no statement regarding publication of the declaration in the village Chawadi. 4. In that view of the matter, we hold that the impugned Award is passed after the period of 2 years from the date of publication of the declaration U/s 6 of the Land Acquisition Act, and as such not permissible in law in view of Section 11 ( A ) of the said Act. 5. Rule is, therefore, made absolute in terms of prayer clause ' C ' 3 W.P. 508/1997 & 510/1997 to the extent of the petitioners. However, there shall be no order as to costs. 6. Needless to state that the order passed in these petitions would not come in the way of respondents in taking necessary steps for acquisition of the land in question, in accordance with law. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 508,510.97