LAWS(BOM)-1992-9-87

PUSHPABAI WAMANRAO DEOTALE Vs. THE STATE OF MAHARASHTRA THROUGH SECRETARY, REVENUE DEPARTMENT, MANTRALAYA AND ORS.

Decided On September 07, 1992
PUSHPABAI WAMANRAO DEOTALE Appellant
V/S
State Of Maharashtra Through Secretary, Revenue Department, Mantralaya Respondents

JUDGEMENT

(1.) PARTIES by Counsel. R.heard forthwith.

(2.) THE petitioner has challenged in this writ petition the acquisition of land made by the respondents for the extension of Gaothan. Two contentions are raised before us. The first contention is that the notification issued under section 6 of the Land Acquisition Act (for short, "the Act") is beyond the period of one year from the date of publication of the notification under section 4 of the Act. The other contention raised before us is that no hearing was accorded to the petitioner in the respect of the objection raised under section 5A of the Act.

(3.) THE submission on the basis of the above facts is that the notification under section 6 of the Act is last published by the public notice on 25 -3 -1992 which is the date beyond one year from the date of publication of the notification under section 4 of the Act i.e. 14 -2 -1991. The question to be considered is as to the interpretation of the second proviso to section 6(1) of the Act. The said provides to section 6(1) reads as follows :