( 1 ) wp7357.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7357 OF 2007 1. Sundarrao s/o. Namdeorao Molawane .. Petitioners Age. 55 years, Occ. Agri. R/o. Washi, Tq. Washi, Dist. Osmanabad. 2. Arjunrao s/o. Namdeorao Molawane, Age. 58 years, Occ. Agri., R/o. Washi, Tq. Washi, Dist. Osmanabad. 3. Avinash s/o. Sundarrao Molawane, Age. 32 years, Occ. Agri., R/o. Washi, Tq. Washi, Dist. Osmanabad. 4. Mukund s/o. Rajendra Taware, Age. 39 years, Occ. Agri., R/o. Washi, Tq. Washi, Dist. Osmanabad. 5. Shrikant s/o. Rajendra Taware, Age. 37 years, Occ. Agri., R/o. Washi, Tq. Washi, Dist. Osmanabad. 6. Pravin s/o. Rajendra Taware, Age. 35 years, Occ. Agri., R/o. Washi, Tq. Washi, Dist. Osmanabad. 7. Navnath s/o. Maruti Kawade, Age. 40 years, Occ. Agri., R/o. Washi, Tq. Washi, Dist. Osmanabad. ( 2 ) wp7357.07 Versus 1. The State of Maharashtra .. Respondents Through Irrigation Department, Mantralaya, Mumbai – 32. 2. The Collector, Osmanabad, Dist. Osmanabad. 3. Special Land Acquisition Officer, No. 2, Medium Project, Osmanabad, Dist. Osmanabad. 4. The Executive Engineer, Minor Irrigation Department, Dist. Osmanabad. 5. Taluka Agriculture Officer, Bhoom, Tq. Bhoom, Dist. Osmanabad. Mr. P.V. Jadhavar, Advocate for the petitioners. Mr. N.B. Khandare, G.P. for respondent/State. Mr. S.G. Sangle, Advocate for respondent No. 4. CORAM : SMT. NISHITA MHATRE & S.S. SHINDE, JJ. DATED : 15.03.2011 ORAL JUDGMENT [PER : SMT. NISHITA MHATRE, J.] :- 1. Rule. Rule made returnable forthwith, by consent. ( 3 ) wp7357.07 2. The proceedings for acquisition of the petitioners' land were initiated by a notification issued under Section 4 of the Land Acquisition Act, which was published on 03.08.2000. Respondent No.3 issued notice to the petitioners under Section 4 (1) of the Act, on 21.12.2001. The notification under Section 6 was published in the official gazette on 19.12.2002. It was also published in a local news paper on 31.12.2002 and in the village on 19.02.2003. Thereafter, a notice under Section 9 was issued to the petitioners on 01.01.2003. The award under Section 11-A of the Act was passed on 19.07.2007. 3. The petitioners contend that in view of the provisions under Section 11-A of the Act, the acquisition proceedings have lapsed, as award was not made within two years of the initiation of the acquisition proceedings. 4. It appears that some of the parties, whose lands have been acquired under the same notification, issued under Section 4, had challenged the acquisition on the ground that ( 4 ) wp7357.07 it had lapsed under Section 11-A, by filing writ petitions in this Court. These writ petitions, being Writ Petition No. 8496 of 2006 and other connected writ petitions were disposed of by the Division Bench of this Court on 6th September, 2007. This Court has held that the acquisition made by notification published on 03.08.2000 under section 4 had lapsed and the awards in respect of the lands, which were the subject matter of the writ petitions, were quashed. 5. After the Division Bench dismissed the writ petitions, review petitions were filed by the State against the order passed by the Division Bench. Those review petitions have been dismissed on 22.04.2009. 6. There is no dispute that the awards challenged in the present petition have been made in respect of lands which were sought to be acquired under the same notification issued under Section 4 of the Land Acquisition Act, as the lands mentioned in the aforesaid writ petitions. The acquisitions having lapsed under Section 11-A, the awards passed in favour of the petitioners and the acquisition proceedings are ( 5 ) wp7357.07 quashed and set aside. Accordingly, the writ petition is allowed. 7. Rule made absolute in terms of prayer (B). [S.S. SHINDE,J.] [SMT. NISHITA MHATRE,J.] snk/2011/MAR11/wp7357.07