WAVOO MAGUDOOM MOHAMED Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ appeal is directed against the order of the learned Single Judge in W. P. No. 7507 of 1987. In the writ petition the appellants challenged the declaration made under Sec. 6 of the Land Acquisition act (Act I of 1894) hereinafter referred to as the act, on the ground that the said declaration has been made in the present case beyond the period of one year from the date of publication of the notification under Sec. 4of the Act. The learned single Judge took the view that the period of one year should be reckoned from 12. 2. 1986 the date on which the substance of the notification under Sec. 4 (1) of the Act was published in the locality, and if so reckoned the declaration under Sec. 6 made on 4. 2. 1987 is well within a period of one year from the date on which the substance of notification under Sec. 4 (1) was published in the locality. Consequently, the learned Judge dismissed the writ petition. The present writ appeal is filed against the said order of the learned single judge. In the present case the notification under Sec. 4 (1) of the Act was published in the Gazette on 1. 1. 1986it was published in the Tamil daily on 13. 1. 1986the same was published in the English daily on 12. 1. 1986 and the substance of Sec. 4 (1) notification was published in the locality on 12. 2. 1986. The declaration under Sec. 6 was gazetted on 4. 2. 1987 it was published in the tamil daily on 2. 2. 1987 the same was published in the English daily on

(2.) 2. 1987 and this declaration was published in the locality on 20. 2. 1987. According to the learned counsel for the appellants, for calculating the period of one year prescribed in the 1st proviso to Sec. 6 of the Act, the date of publication of the declaration under Sec. 6 in the locality must be taken as the relevant date and if so taken the declaration under Sec. 6 made on 20. 2. 1987 is beyond the period of one year from 12. 2. 1986 the date on which the substance of notification under Sec. 4 (1) of the Act was published in the locality and therefore the declaration made under Sec. 6 is invalid. The above contention of the. learned counsel for the appellants is not warranted by the language of the 1st proviso to Sec. 6 of the Act. Sec. 6 of the Act runs as follows:'6. Declaration that land is required for a public purpose: (1) Subject to the provisions of Part VII of this Act, when the appropriate Government is satisfied, after considering the report, if any, made under Sec. 5-A, sub-sec. (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 orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under Sec. 4, sub-sec (1), irrespective of whether one report or different reports has or have been made whenever required under Sec. 5-A, Sub-sec. (2): Provided that no declaration in respect of any particular land covered by notification under Sec. 4, Sub sec. (1): (i) Published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967, (I of 1967) but before the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of three years from the date of the publication of the notification or (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.' 2.According to the 1st proviso to Sec. 6 of the Act no declaration in respect of any particular land covered by notification under sec. 4, Sub-sec (1) Published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of publication of the notification under Sec. 4 (1) of the Act. Sec. 4 (1) of the act runs as follows:' 4.Publication of preliminary notification and powers of officers thereupon: (1)Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, or for a Company a notification to that effect shall be published in the Official Gazette, and in two daily newspapers circulating in that locality of which at least one shall be in the regional language and the Collector shall cause public notice of the substance of such notification to be give at convenient places in the said locality, the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the notification.' According to Sec. 4 (1) there are three modes of publication of notification issued under Sec. 4 (1) of the Act viz. , (1)publication of the notification in the Official Gazette (2) publication in two daily newspapersand (3) Public notice of the substance of the notification in the locality. Sec. 4 (1) of the Act further says that the date of publication of notification under Sec. 4 (1) of the Act means the last of the dates of the three modes of publication and the giving of public notice referred above. A proper reading of the 1st proviso to Sec. 6 along with Sec. 4 (1) of the Act shows that the period of one year contemplated in the said proviso is the period between the last of the dates of the three modes of the publication of notification under Sec. 4 (1) of the Act and the date on which the declaration under Sec. 6 of the Act is made. There is nothing in the language of 1st proviso tosec. 6of the act to show that the date of the declaration under Sec. 6 of the Act is not the date on which it is made, but the date on which the declaration under Sec. 6 was published either in the newspapers or in the locality. It is pertinent to point out that the 1st proviso to Sec. 6 while referring to the notification under sec. 4 (1) of the Act uses the expression'the date of publication of the notification' whereas while referring to the declaration made under Sec. 6, the expression used is'the date on which the declaration under Sec. 6 is made.'The declaration under Sec. 6 must be held to have been made on it being gazetted. With reference to notification under Sec. 4 (1), it is the last of the dates of the publication from which time runs and with reference to declaration under sec. 6 its making is decisive and not the date of its publication. In this case the last of the dates of the publication of notification under Sec. 4 (1) of the act viz. , the publication of the substance of the notification in the locality was 12. 2. 1986 and the declaration under Sec. 6 of the Act made in the gazette on 4. 2. 1987 is well within one year, and in these circumstances the contention of the learned counsel for the appellants that the declaration under Sec. 6 of the act has been made in this case beyond the period of one year from the date of publication of notification under Sec. 4 (1) of the Act cannot be countenanced.