P N SUBHASH CHANDRAN Vs. GURUVAYOOR DEVASWOM

JUDGEMENT

(1.) Sections 4 and 6 of the Land Acquisition Act, 1894 contemplate three modes of publication of the notice: Gazette, newspaper and publication in the locality. The notice under Section 6(1) should be within one year of Section 4(1) notice. But it is necessary that the one year should be understood as correlated only to the respective mode-one year of Gazette to Gazette, newspaper to newspaper and local notice to local notice?

(2.) The Original petition is filed with the following four main prayers:-

(3.) Ext. P1 is the proceedings of the 4th respondent- commissioner for Land Revenue, issued on an objection filed by the petitioners pursuant to Section 4 (1) notification. It was found by the 4th respondent that the purpose of acquisition is genuine and hence the objections were overruled. It is pertinent to note that Ext.P1 is dated 27.1.2000. Thereafter, on 4.2.2000, declaration under Section 6 (1) of the Land Acquisition Act was published in the Gazette. It is admitted at paragraph 8 of the Original Petition that the notice of award enquiry under Section 9(1) was served on the petitioners and the matter was posted for hearing on 25.6.2001. The 1 st petitioner sought for an adjournment on medical grounds and the enquiry was postponed to 23.7.2001. It is also seen from Ext.P2 award that the enquiry was finalized on 20.8.2001.The requisitioning authority, viz. the 1st respondent-Guruvayoor Devaswom, deposited the compensation amount on 3.11.2001. Thereafter, Ext. P2 award was passed and the petitioners were also given Ext.P3 notice to surrender possession.