RAJENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These writ petitions seek to challenge the notification dated 26 Feb. 2013 issued under Sec. 4 (1) of the Land Acquisition Act, 1894 (the Act) for acquisition of 124.3483 hectares of land for a public purpose, namely, Transport Nagar and Vadijya Kendra Scheme of the Ghaziabad Development Authority (the Development Authority) in district Ghaziabad and the declaration dated 23 July 2014 issued under Sec. 6 of the Act.

(2.) The petitioners contend that the acquisition proceedings have been rendered void and deserve to be quashed for the reason that the declaration under Sec. 6 of the Act was not made within one year from the date of publication of the notification issued under Sec. 4 (1) of the Act. For this submission it is stated that the notification dated 26 Feb. 2013 issued under Sec. 4 (1) of the Act was published in the Gazette on 9 March 2013 and in the two newspapers on 22 March 2013. According to the petitioners, public notice of the substance of the notification was given at convenient places in the locality on 23 March 2013 and, therefore, the date of publication of the notification under Sec. 4 (1) of the Act would be 23 March 2013, it being the last of the dates of publication of the Sec. 4 (1) notification and the giving of public notice. The contention is that the declaration that was made under Sec. 6 (1) of the Act on 23 July 2014 is not within one year of the publication of the Sec. 4 (1) notification as is contemplated under the first proviso to Sec. 6 (1) of the Act.

(3.) The stand of the State and the Development Authority, however, is that though public notice of the substance of the notification under Sec. 4 (1) of the Act was given at convenient places on 23 March 2013, but it was also caused by beat of drums on 24 July 2013 and, therefore, the date of publication of the Sec. 4 (1) notification would be 24 July 2013 and not 23 March 201 It is, therefore, the contention of the State and the Development Authority that the acquisition would not be rendered void since the declaration was made on 23 July 2014 within one year from 24 July 201