1 Anando IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1728 OF 1998 Jabaji Trimbai Awati ..Petitioner V/s. The State of Maharashtra & ors ..Respondents Mr.B.G.Tangsali, Advocate, for the Petitioner Mr.C.R.Sonawane, Assistant Government Pleader, for the Respondent Nos.1 to 6 Anita A. Agarwal, Advocate, for the Respondent Nos.7 & 8 CORAM : A.M.KHANWILKAR & R.M.SAVANT, JJ. DATE : 17TH MARCH, 2010 P.C. . Heard the learned counsel for the parties. 2. The relief claimed in this Petition under Article 226 of the Constitution of India is that the acquiring Authority failed to pass the Award within a statutory period of two years for which reason the Notification under 2 Sections 4(1) as well as 6 of the Land Acquisition Act cannot be acted upon any further. The relevant facts for answering this controversy are as follows :- (i) Section 4(1) Notification came to be issued on 26th June, 1984, proposing to acquire the land bearing Gat No.145/1 admeasuring 0 H 81 Acres situated at village Hivre Khurd, Taluka Junnar. (ii) That Notification was followed by Section 6 Notification issued on 18th July, 1987. Admittedly, no Award has been passed till filing of this Petition i.e. 12th February, 1998. It is not the case of the learned AGP that subsequently the Award has been passed. The admitted position is that no Award has been passed within a period of two years from the date of Section 6 Notification. For the first time, Notification under Section 9(3)(4) came to be issued on 10th November, 3 1997. On the above admitted facts applying the mandate of Section 11A, this Petition ought to succeed. 3. Accordingly, Rule is made absolute in terms of prayer clauses (a) & (b) which read thus :- (a) That this Hon'ble Court be pleased to call for record and proceedings of and after perusing the same be pleased to quash and set aside the Notification issued under Section 4(1) of the said Act dated 26-6-1984 and Notification under Section 6 of the said Act dated 18-7-1987 by issuing appropriate writ, order and direction and quash and set aside the same; (b) That this Hon'ble Court be pleased to issue a writ, direction and/or order in the event any Award has been passed after the issuance of the Notice under Section 9(3)(4) 4 dated 10-11-1997 the said award and the notice under Section 9(3)(4) may be quashed and set aside; 4. Since the Petition is disposed of, needless to observe that the Respondent Nos.7 & 8 would be free to proceed with the execution of the Decree operating in their favour passed by the Civil Court which will have to proceed on its own merits and in accordance with law. 5. Petition is disposed of in the above terms. 6. No order as to costs. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)