LAWS(BOM)-1992-7-23

PUSHPABAI WAMANRAO DEOTALE Vs. STATE OF MAHARASHTRA

Decided On July 09, 1992
PUSHPABAI WAMANRAO DEOTALE Appellant
V/S
STATE OF MAHARASHTRA THROUGH SECRETARY,REVENUE DEPARTMENT,MANTRALAYA,BOMBAY Respondents

JUDGEMENT

(1.) PARTIES by Counsel. Rule 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 5-A of the Act.

(3.) THE facts are that the notification dated 22-8-1990 under section 4 of the Act was published in the Government Gazette on 14-2-1991. It is not in dispute that the last date of publication of the notification under section 4 of the Act is the date of the Government Gazette. Section 6 notification was thereafter issued on 20-1-1992 and the same was published in the Government Gazette and the newspaper on 30-1-1992 and its public notice was given on 25-3-1992.