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The judgment involves the interpretation of the Maharashtra Regional and Town Planning Act, 1966 regarding the acquisition of land for planned development, specifically focusing on the time limit for making a declaration under Section 126 and the determination of compensation. Interpretation of Time Limit for Declaration under Section 126: The court analyzed the legislative intent behind Section 126(4) of the Act, which empowers the State Government to make a fresh declaration for acquiring land if the initial declaration is not made within the prescribed time limit. The court emphasized that the crucial date for determining compensation is the date of the fresh declaration published in the Official Gazette, relieving the landowner from hardship due to price fluctuations. The judgment clarified that the State Government has the authority to issue a fresh declaration even after the expiry of the initial three-year period. Applicability of Central Act Provisions and Compensation Determination: The court rejected the argument that the notification under Section 125 would lapse if the award is not made within two years, citing the specific provisions of the Maharashtra Act and the absence of incorporation of Section 11-A of the Central Act. It distinguished between procedural and substantive provisions, stating that while compensation determination aligns with the Central Act, the time limit for making an award is governed by the Maharashtra Act. The judgment highlighted that failure to make the award within the specified period does not invalidate the notification under Section 125. Application of Amendment Act and High Court Decision: The judgment endorsed the applicability of the Amendment Act to both pending and future proceedings, disagreeing with the High Court's stance that it only applied to pending cases. Consequently, most appeals were allowed, except for one which was dismissed. The High Court's orders and judgments were set aside, affirming the validity of the notifications and declarations under scrutiny, allowing the authorities to proceed further in compliance with the law.
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