AJAYA WASUDEORAO INGOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) S. B. Mhase, J. This petition under Article 226 of the Constitution of India is directed against the Notification under Section 4 of the Land Acquisition Act dated 13-12-1988 and the Notification under Section 6 of the Land Acquisition Act dated 12-07-1990 published in the Maharashtra government Gazette on 19th July 1990, acquiring the land s. No.69/2 of Borala, Tq. and district Amravati. The petitioners is a owner of the land S. No.69/2 admeasuring 1 Hectare 29 Ares situated at Mouza Borala, Tq. & Distt. Amravati. According to the respondents, they have issued notification under Section 4 of the Land Acquisition Act in respect of the said land on 26-06-1989 in the Maharashtra Government Gazette to acquire the land to the extent of 0. 49 Are. The petitioner has filed objections under Section 5-A of the Act which is at Annexure-V to the petition. The Notification under Section 6 of the said Act was issued on 12-07-1990 and was published in the government Gazette on 19-07-1990. therefore, after the issuance of Notification under Sec. 6, the petition was filed on or about 10-10-1990. Interim stay was granted on 12-10-1990 to the extent of possession, which was further confirmed on 14-01-1991 and the 'rule' was issued by this Court. therefore, the petitioner is in possession of the land till today.

(2.) THE respondents are acquiring the land of the petitioner for the public purpose of extention of village Gaothan.

(3.) THE second contention raised is in respect of non-compliance of Section 6 sub-section (i) proviso (ii), THE relevant portion of the said proviso is as under : " Sec. 6 (1 ). . . . . . . . . . . . . . . . . . . . . . . . . provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1 ).- (i ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984 shall be made after the expiry of one year from the date of the publication of the notification. "