WP No. 5015/09 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5015 OF 2009 Madanlal s/o. Lalchand Jain, R/o. Viral Vihar, Nandurbar, Dist. Nandurbar. ....Petitioner. Versus The State of Maharahtra & Ors. ....Respondents. Mr. J.R. Shah, Advocate for petitioner. Mr. K.G. Patil, A.G.P. for respondent Nos. 1 to 4. Mr. A.M. Gaikwad, Advocate for respondent Nos. 5 and 6. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. Reserved on : 4th October, 2011. Pronounced on : 10th October, 2011. ORDER : [ PER T. V. NALAWADE, J. ] 1. Heard both the sides. 2. This petition is filed under Article 226 of the Constitution of India for direction to set aside the declaration made under section 6 of the Land Acquisition Act on 4.5.2009 in respect of Survey No. 251/A/2, admeasuring 3033.50 Sq. Mtrs. situated at Nandurbar. After publishing preliminary notification under section 4 of the Land Acquisition Act, the declaration was WP No. 5015/09 2 made under section 6. It is the case of the petitioner that the opportunity of hearing as contemplated under section 5-A of the Land Acquisition Act was not given and so the declaration made under section 6 is vitiated. The notification and declaration were issued as respondent Nos. 5 and 6 want the subject land for K. V. Sub Station. 3. At the time of arguments, it was submitted for respondents that as the award was not passed within two years from the date of declaration, the authority has issued new notification under section 4 of the Land Acquisition Act and so the previous acquisition proceeding is treated as lapsed. Copy of the notification issued under section 4 on 29.9.2011 is produced for respondents. 4. In view of this circumstance, this Court holds that the proceeding has become infructuous and the proceeding stands disposed of. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/