SANTHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) AGGRIEVED by the order dated

(2.) 03. 2005 passed in Writ Appeal No. 2058 of 2004, the appellant has filed the above review application, seeking review of the said order. 2. The learned senior counsel appearing for the review applicant submitted that in so far as the only contention raised before the learned single Judge as well as the reason given by the Division Bench, viz. , that declaration under Section 6 of the Land Acquisition Act, 1894 (in short "the Act"), which was made on 20. 02. 1995 is well within the period of one year. However, according to him, though there is no quarrel as to the said conclusion, in view of the decision in the case of State of Tamil Nadu vs. Ananthi Ammal (1995 (1) SCC 519), declaration under Section 6 of the Act cannot be made. In other words, according to the learned senior counsel, declaration under Section 6 of the Act dated 20. 02. 1995 cannot be maintained in view of the above cited decision of the Supreme Court. It is not in dispute that the said contention was not raised before the learned single Judge, though the petitioner/appellant was duly represented by counsel. The only point urged before the learned Judge was that declaration was made beyond the prescribed period, and the same was considered and rejected by the learned Judge. When the Division Bench disposed of the appeal, the same was once again verified and based on the materials available and taking note of the fact that the local publication of gist of Section 4 (1)notification was made on 21. 02. 1994 and in the light of the same after finding that the declaration which was made on 20. 02. 1995, is well within the period of one year, dismissed the writ appeal. In such circumstances, in the absence of no such objection before the learned Judge, we are of the view that there is no need to consider the same in the review application. We do not find any ground to review the order dated 02. 03. 2005 made in Writ Appeal No. 2058 of 2004; hence, the review petition is dismissed. No costs. .