AKHIL SIBAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Value of agriculural land to its owner and to the peasant alike is as valuable as their life, beside being sentimentally attached to it, such land provides them their livelihood. Therefore, when such a valuable part of their possession is to be taken away or they are to be deprived of the same, the legislature cast a mandatory duty on. the Authority concerned to comply stricly the provisions of the Land Acquisition Act (in short the Act). The said Act lays down various procedures to be followed before depriving a person of his land. First, the approprirate government has to make known to the public its intention to acquire the land and also the public purpose for which it is to be acquired. This intention and the public purpose is conveyed to the public as well as to the person whose land is to be acquired by issuing notification under Section 4(1) of the Act. This notification is a condition precedent to the exercise of any further powers to be exercisd by the authority under the Act. After having made known its intenion, the appropriate government will hear the objections, if any, filed under Section 5-A of the Act unless the Government is of the opinion that the case is of urgency or of emergency and dispense with the enquiry under Section 5-A. Thereafter, declaration under Section 6 may be made, at any time, after the publication of the notification under Section 4 of the Act, but with an interregnum of atleast one day between, the publication of the said notification and the making of the declaration. Any notificaion issued or declaraion made under the provisions of the Act have strictly, to be construed and complied with. Any serious lapse on the part of the authority would vitiate the proceedings. Such lapse cannot be ignored by the Courts.

(2.) That prior to the 1984 amendment of the Act, the declaration under Section 6 of the Act could be made simultaneously with the publication of the notification under Section 4(1) of the Act. But now after the amendment a declaration can be made only after the date of publication, of the notification under Section 4 of the Act. The publication of the notification under Section 4 and 6 of the Act on the same date would be contrary to Section 17(4) of the amended Act and this act on the part of the appropriate authority would render such a declaration under Section 6 of the Act invalid.

(3.) In this backdrop, we have to see the challenge made by the petitioner to the declaration made in the instant case under Section 6 of the Act. Interesting legal point has been raised in this writ petition namely; What does "declaration shall be made" means as used under Section 6(1) of the Act. Would it mean, that the (declaration is made on the date it is signed by a Secretary to such Government or of some officer duly authorised to certify it or on the date it is published in the Official Gazette and in two newspapers as provided under sub-section (2) of Section 6 of the Act ?