KRISHI UTPADAN MANDI SAMITI Vs. MAKRAND SINGH

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise from the judgments of the division bench of the High court of Allahabad dated 22/1/1991 and 13/5/1992 made in CMWPNo. 4177 of 1985 and CMWPNo. 7146 of 1988. The land bearing Plot No. 325 situated in Village Chiloli in District Farrukhabad, of a total extent of 5.13 acres out of 8.21 acres was notified and published in the State Gazette on 19-2-1982 for acquisition to establish Model Market Yard of Krishi Utpadan Mandi Samiti, Kaimganj in District Farrukhabad. The declaration under Section 6 (1 was published in the Gazette on 7/2/1985, in the newspapers on 4/6/1987 and the substance in the locality subsequent thereto. The respondents who owned about I acre and odd land have challenged the validity of the declaration on the ground that it was published after the expiry of three years. Therefore, the notification under Section 4 (1 and declaration under Section 6 (1 should be deemed to be void. That contention found favour with the High court and it allowed the writ petitions. Thus these appeals by special leave.

(3.) The only question is whether the High court was right in its conclusion that the declaration under Section 6 was published after 3 years and the last of the publications shall be the last date for the purpose of computing three years' period envisaged in clause (i) of the proviso to sub- section (1 of Section 6 of the Land Acquisition Act, 1894 (for short 'the Act') as amended by Land Acquisition (Amendment) Act, 1984 (68 of 1984. Section 6 (1 postulates that subject to the provisions of Part VII of the Act, when the appropriate government was satisfied, after considering the report, if any, made under Section 5-A (2 that any particular land is needed for a public purpose, or for a company a declaration shall be made to that effect under the signature of a secretary to such government or of some officer duly authorised to certify its order that any land covered by the same notification under Section 4 (1, irrespective of whether one report or different reports has or have been made (wherever required) under Section 5-A (2. The proviso itself places an embargo and limitation on the exercise of the power under Section 6 (1 and publication of the declaration in the Gazette with the language thus: