The High Court allowed a writ petition seeking quashing of a land acquisition award dated 7th May 2012, holding that proceedings lapsed under Section 11A of Land Acquisition Act, 1894 as the award was passed after the two-year period from Section 6 declaration publication expired on 1st May 2012 -- The Court rejected respondents' arguments on delay and laches, noting Petitioners received award copy on 7th January 2020 and filed petition in May 2021, within reasonable time -- It distinguished a Supreme Court judgment cited by respondents, emphasizing no urgency clause was invoked and property rights under Article 300A of Constitution were significant -- The petition was allowed, quashing the award.
The High Court of Judicature at Bombay, in its Civil Appellate Jurisdiction, heard Writ Petition No. 15016 of 2022 filed by Petitioners against The Special Land Acquisition Officer No.17 and Others -- The Petitioners sought quashing of land acquisition award dated 7th May 2012, contending proceedings lapsed under Section 11A of Land Acquisition Act, 1894 as award was passed after two-year period from Section 6 declaration publication -- The Court examined delay and laches arguments, distinguishing Supreme Court judgment in Banda Development Authority, Banda Vs. Motilal Agarwal and Ors (2011) 5 SCC 394 on grounds that present case did not involve urgency clause under Section 17 and Petitioners received award copy only on 7th January 2020, filing petition in May 2021 -- The Court emphasized Article 300A of Constitution of India, referencing judgment in Mrs. Sumitra Shridhar Khane Vs. The Deputy Collector, Special Land Acquisition No. 12 -- Held that award lapsed under Section 11A, writ petition not barred by delay, and allowed petition quashing award -- Major Acts: Land Acquisition Act, 1894 (LAA), Constitution of India -- Sections Cited: Section 11A, Section 6, Section 17, Section 12(2) of Land Acquisition Act, 1894 -- Article 300A of Constitution of India -- Latin Terms: Supra -- Keywords: Land acquisition, Section 11A lapse, Delay laches, Article 300A, Writ jurisdiction, Award quashing
The High Court allowed the writ petition, quashing the land acquisition award dated 7th May 2012, holding proceedings lapsed under Section 11A of Land Acquisition Act, 1894, and the petition was not barred by delay and laches as Petitioners filed within reasonable time after receiving award copy
Citation: 2026 LawText (BOM) (01) 108
Case Number: Writ Petition No. 15016 of 2022
Date of Decision: 2026-01-22
Case Title: Whether the land acquisition proceedings lapsed under Section 11A of Land Acquisition Act, 1894 due to award being passed after two-year period -- Whether the writ petition was barred by delay and laches
Before Judge: Manish Pitale J. , Shreeram V. Shirsat J.
Equivalent Citations: 2026:BHC-AS:3458-DB
Advocate(s): Mr. Nitin P. Deshpande with Anjali Shinde, Rachana Harpale and Santosh Kurade for Petitioner, Ms. M.S. Bane, AGP for the State
Appellant: Parshuram Shivram Shitole and Ors.
Respondent: The Special Land Acquisition Officer No.17 And Ors
Nature of Litigation: Writ petition challenging land acquisition award
Remedy Sought: Petitioners sought quashing of land acquisition award dated 7th May 2012
Filing Reason: Alleged lapsing of acquisition proceedings under Section 11A of Land Acquisition Act, 1894 as award passed after two-year period from Section 6 declaration publication
Previous Decisions: Award passed on 7th May 2012, Petitioners received copy on 7th January 2020 after notices under Section 12(2) issued on 21st December 2019
Issues: Whether land acquisition proceedings lapsed under Section 11A of Land Acquisition Act, 1894 due to award being passed after two-year period from Section 6 declaration publication Whether the writ petition was barred by delay and laches
Submissions/Arguments: Petitioners argued award lapsed as two-year period under Section 11A expired on 1st May 2012, award passed on 7th May 2012 with no interim stay -- Respondents argued petition barred by delay as award passed in 2012, petition filed in 2021, and cited Supreme Court judgment in Banda Development Authority case -- Respondents also contended beneficiary not made party -- Petitioners relied on judgment emphasizing Article 300A of Constitution and argued delay irrelevant in property rights context
Ratio Decidendi: Section 11A of Land Acquisition Act, 1894 mandates award within two years from Section 6 declaration publication, failure results in lapse -- Delay and laches not applicable when Petitioners approach writ Court within reasonable time after becoming aware of award, especially when property rights under Article 300A of Constitution are involved -- Distinction made between cases invoking urgency clause under Section 17 and those not, affecting applicability of precedent
Judgment Excerpts: Held that the award itself records that the last date of publication of declaration under Section 6 of the Act was 2nd May 2010 in the Talathi office -- The two year period for passing the award expired on 1st May 2012 and admittedly the award was passed on 7th May 2012, after the two year period expired -- In the present case, there was no interim stay to the acquisition proceeding by order of any Court and therefore, the explanation to Section 11-A of the said Act does not apply -- Applying the said position of law, to the facts of the present case when the copies of the award were furnished to the Petitioners for the first time on 7th January 2020, in pursuance of notices issued under Section 12(2) of the said Act dated 21st December 2019 and the present Writ Petition was filed in May 2021, it cannot be said that the Writ Petition is hit by delay and laches -- Article 300-A of the Constitution provides that no person shall be deprived of his property save by authority of law
Procedural History: Land acquisition award passed on 7th May 2012 -- Notices under Section 12(2) issued to Petitioners on 21st December 2019, received on 7th January 2020 -- Petitioners filed Writ Petition No. 15016 of 2022 in May 2021 -- High Court heard arguments, examined original file, and delivered judgment on 22nd January 2026
