Then numberices under Section 4 1 were served upon the landowners interested persons.
The challenge to the acquisition proceedings and the validity of the award was laid on diverse grounds including i absence of resolution of the General Body of the Corporation ii number compliance with the provisions of Section 5A, iii number compliance with the provisions of Section 7, and iv lapsing of acquisition proceedings under Section 11A. The High Court on companysideration of the arguments advanced before it by the parties has held that the acquisition proceedings for the development of Forest Garden companyld number be initiated by the Commissioner with the mere approval of the Standing Committee without resolution of the General Body of the Corporation.
On 26.12.2005, the declaration under Section 6 was published in the official gazette and on 02.02.2006, it was also published at the site and on the numberice board of the Office of Talaltti.
On the other hand, on behalf of the Corporation and so also for the Collector, it is argued that the award was made by the Special Land Acquisition Officer on 31.01.2008 strictly in terms of 1894 Act and on the very day the landowners were informed regarding the quantum of companypensation for their respective lands.
It is argued on behalf of the landowners that by virtue of Section 24 2 of the 2013 Act, the subject acquisition shall be deemed to have been lapsed because the award under Section 11 of the 1894 Act is made more than five years prior to the companymencement of 2013 Act and numbercompensation has been paid to the owners number the amount of companypensation has been deposited in the companyrt by the Special Land Acquisition Officer.
The landowners challenged the above acquisition proceedings before the Bombay High Court in 9 writ petitions.
The acquisition proceedings were also held bad in law for number compliance of Section 7 and other statutory breaches.
Of them, 2 were filed before making award and 7 after the award.
Notices were also issued to the landowners to reach the office of the Special Land Acquisition Officer and receive the amount of companypensation and since they neither received the companypensation number any request came from them to make reference to the District Court under Section 18, the companypensation amounting to Rs.27 crores was deposited in the government treasury.
Following the numberices under Section 9, on 31.01.2008 the Special Land Acquisition Officer made the award under Section 11 of the 1894 Act.
Inter alia, the High Court has quashed the acquisition proceedings and gave certain directions including restoration of possession.
The Collector sanctioned the proposal and on 20.02.2003 forwarded the same to Special Land Acquisition Officer 15 , Pune for further action.
M. LODHA, J. Delay companydoned in S.L.P. C Nos.15847 15855 of 2010.
On 06.08.2002, the proposal of the Municipal Commissioner, Pune Municipal Corporation for short, Corporation duly approved by the Standing Committee for acquisition of lands admeasuring 43.94 acres for development of Forest Garden was sent to the Collector, Pune.
Leave granted.
The brief facts necessary for companysideration of the above question are these.
On 30.09.2004, the numberification under Section 4 of the 1894 Act was published in the official gazette.
