NARENDRA TARACHAND AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This is an application for review of judgment of this Court in Writ Petition No. 2017/2001 decided by Division Bench of this Court on 5-10-2002. The applicant had approached this Court against proceedings for acquisition of 9 R of land from Survey No. 249 of Mouja Shegaon. Notification under section 4 was issued on 7-2-2000 and Notification under section 6 was issued on 20-2-2001. This Court by order dated 5-10-2002, quashed the Notification under section 6 of the Land Acquisition Act, on the ground that the applicant had not been heard under section 5 A of the Land Acquisition Act. Thus, as a result of this judgment, it was contemplated by the Court that fresh hearing would be given before issuance of fresh Notification under section 6 of the Land Acquisition Act. The only ground urged by Mr. Mohta, the learned counsel for the applicant, is that the judgment and order of this Court suffers from an error of law apparent on the face of the record in that it sets aside section 6 Notification and directs the hearing and issuance of fresh Notification under section 6 beyond the period of one year contemplated by Section 6 of the Land Acquisition Act.

(3.) Section 6 of the Land Acquisition Act, which is relevant, reads as follows :