BHASKARAN PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single Judge dismissing the appellants' writ petition, O.P.No. 10051 of 1988. Land belonging to the appellants is sought to be acquired for a public purpose, to wit for the construction of a Shopping Centre, office complex, godown etc. for Neyyattinkara Municipality. Preliminary notification under S.4(1) of the Land Acquisition Act was published in the Gazette on 15-9-1987. It was published in a daily newspaper, Kerala Kaumudi on 25-8-87 and in another daily newspaper Mathrubhoomi on 28-8-87. It was published in the locality on 12-10-87. The appellant's objections to the proposed acquisition were considered and a decision was rendered by the Board of Revenue as per Ext. P2 dated 7-10-1988 overruling his objections and approving the draft declaration under S.6. The said order states that the Land Acquisition Officer will cause publication of the declaration in the gazette and newspapers. The declaration so made under S.6 on 7-10-1988 was published in the gazette on 11-10-1988. It came to be published in the daily newspaper Kerala Kaumudi on 11-10-1988 and in another daily newspaper Malayala Manorama on 12-10-1988. So far as the publication in the locality is concerned, it is stated that it was done on 7-10-1988, immediately after the declaration was made under S.6, on the very same date.

(2.) The appellants challenged the declaration under S.6 dated 7-10-1988 and published in the gazette as per Ext. P3 dated 11-10-1988 in the aforesaid writ petition. The principal attack against the said notification is that it was not made within the time prescribed by clause (ii) of the proviso to S.6(1) of the Land Acquisition Act. The said proviso which governs this case states that "no declaration in respect of any particular land covered by a notification under S.4 sub-section (1),-