PADAM CHAND SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) ALL these writ petitions involve common questions of law and facts and as such are being decided by a common judgment. Writ petition no. 15129 of 1990, Padam Chand Sharma v. State of U. P. and others has been made leading case with the consent of the learned counsel for both the parties. Necessary facts of the leading case will be given hereinafter for deeding these writ petitions.

(2.) QUESTION involved in these writ petitions is as to what is the date of publication of official Gazette. Is tit the date which the Gazette bears or the date on which it is printed or the date on which it is made available to the public ?

(3.) BY Rule 6 the Hearing Authority is required to fix date, time and place for hearing the objections and to issue notice there of to both the objectors and the corporation In view of sub- Rule (3) the notices are required to be served on the objectors both by publishing a general notice in the official Gazette and by sending it by registered post at their addresses as shown in the memorandum of objections. BY virtue of proviso appended to sub-Rule (3) of the said Rule, on the publication of the general notice in the manner as aforesaid the service shall be deemed to have been duly affected on the objectors and the corporation. Service of notice as required by Rule 6, is a condition precedent for exercising the power of deciding the objections by the Hearing Authority. Unless the notice has been served on the objectors in the manner laid down by Rule 6 the Authority cannot proceed with the hearing of the objections.