The State Of Maharashtra vs M/S Moti Ratan Estate

3. Feeling aggrieved and dissatisfied with the impugned judgments and orders dated 24.03.2017 and 27.04.2018 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition Nos. 7867/2012, 10894/2016 and 9088/2016, by which the High Court has allowed the said writ petitions and has quashed the entire acquisition proceedings with respect to the acquired lands solely on the ground that the acquisition has lapsed as the awards under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) were not declared within a period of two years from the date of declaration made under Section 6 of the Act, the State of Maharashtra and others have preferred the present appeals. 3.1 For the sake of convenience, the facts in the appeal arising out of special leave petition No. 23921/2018 arising out of the impugned judgment and order dated 24.03.2017 passed by the High Court in Writ Petition No. 7867/2012 are considered as the facts in other two appeals are identical.

4. That the acquired land in question is situated within the local limits of village Asarjan, Taluka and District Nanded. That the notification under Section 4 of the Act was issued and published in the Official Gazette on 01.03.2012. The same was 2 published at Village Chawdi Asarjan by beating of drums on 12.04.2012. That thereafter notification under Section 6 of the Act was published on 07.02.2013 and the notification under Section 6 of the Act was published at Village Chawdi Asarjan by beating of drums on 13.02.2013.

7.2 Now so far as the appeal arising out of the impugned judgment and order passed by the High Court in Writ Petition No. 7867/2012 is concerned, immediately on publication of the notification under Section 4 of the Act, the original writ 12 petitioners challenged the acquisition proceedings including the notification under Section 4 of the Act. The High Court passed the interim order directing that the possession of the original writ petitioners shall not be disturbed. Simultaneously, the other land owners whose lands were acquired under the very same notification and of the very village Asarjan and acquired for the very project also challenged the acquisition proceedings by filing Writ Petition Nos. 3051/2013 and 3159/2013. The High Court granted stay to the acquisition proceedings on 12.11.2013 which subsequently came to be modified and it was directed that the final award shall not be declared. Other two writ petitions being Writ Petition Nos. 10894/2016 and 9088/2016 were filed after the award was declared under Section 11 of the Act challenging the acquisition proceedings on the ground that the same have been lapsed under Section 11A of the Act as the award has not been declared within a period of two years. The State authorities pleaded for extension of time during which the stay was operating in writ petition nos. 3051/2013 and 3159/2013. It has not been accepted by the High Court on the ground that the stay of the acquisition proceedings was granted not relating to the writ petitioners but was with respect to the other land owners. 13 Therefore, the question which is required to be considered is, whether the authorities were justified in not declaring the award in the case of other land owners in view of granting of the stay to the acquisition proceedings with respect to other lands acquired, which were acquired under the very notification and for the very project.

11 6.5 Making the above submissions, it is prayed to dismiss the present appeals.

9. In view of the above and for the reasons stated above, all these appeals succeed. The impugned judgments and orders passed by the High Court are hereby quashed and set aside. Consequently, the writ petitions filed before the High Court stand dismissed. In the facts and circumstances of the case, there shall be no order as to costs.