KASHMIR Vs. STATE

JUDGEMENT

(1.) Both these petitions involve common questions of law and fact. We are disposing of both these petitions by a common order at the admission stage with the consent of the counsel for the parties.

(2.) The petitioners are owners of the plots situate in village Sonera, tehsil Kichha district Nainital. Their land is being acquired under the provisions of the Land Acquisition Act, 1894. A notification under S.4, Land Acquisition Act, 1894, (hereinafter referred to as 'the Act') was issued on 6-5-1985 declaring that the land in question including the petitioners' land was needed for a public purpose, namely, for construction of market yard for the Krishi Utpadan Mandi Samiti, Kichha. The notification further contained a declaration that since there was urgency for the acquisition, the provisions of Ss.17(1-A) and 17(4) shall apply and the provisions of S.5-A of the Act shall not apply. On the same date, namely, May 6, 1985, another notification was issued by the State Government under S.6 of the Act making declaration that the land in dispute was required for a public purpose, namely, for the construction of market yard for the Krishi Utpadan Mandi Samiti, Kichha. This notification also contained a direction as contemplated by S.17(1) and (1-A) of the Act authorising the Collector to take possession of the land even before the declaration of the award under S.11 of the Act. Both the aforesaid notifications were published on the same day, namely, 22nd May, 1985. Aggrieved, the petitioners filed these two petitions challenging validity of the notifications.

(3.) Learned counsel for the petitioners urged that in view of the amendments introduced by the Land Acquisition (Amendment) Act, 1984 (Act No. 68 of 1984), the declaration as contemplated by S.6 of the Act cannot be made on the same day on which the notification under S.4 of the Act is published instead now after the amendment the notification under S.6 of the Act could only be issued after the notification under S.4 of the Act is published. We find merit in this submission. Prior to the amendment of the Act by the Amending Act No. 68 of 1984 it was permissible for the Government to issue notification under S.4 and further to make declaration as contemplated by S.6 of the Act simultaneously and it was further permissible to publish both the notifications simultaneously as was held by the Supreme Court in Smt. Somawanti v. State of Punjab, AIR 1963 SC 151.