ASGHAR ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner is tenure-holder of five plots situate in village Sitapur Mafi in Pargana Karvi, district Banda which bear survey Nos. 1127, 1128, 1135, 1136, and 1137. He is employed in the postal department and, according to him, he stays away from his village most of the time but the cultivation over these plots is managed and looked after by him himself and also through his mother who occasionally goes and stays for a few days. On 9th November 1957 the Collector of Banda issued a notification under Section 4 of the Land Acquisition Act to the effect that an area of 0.3 acres out of the said plots was proposed to be acquired in connection with the construction of Banda Sitapur road which was a public purpose. It seems no person came forward to file objections on this notification. In due course, therefore, a notification under Section 6 of the Land Acquisition Act was published in respect thereof on 5th July 1958. In the notification under Section 6 the area mentioned was 3 acres instead of 0.3 acres notified in the notification under Section 4.

(2.) Notifications under Sections 4 and 6 appeared to have been published in the U. P. Gazette in two languages, Hindi and English. This State is publishing its gazette in both the languages separately. The respondents have filed copy of the notification under Section 4 published in the English language and according to it the area notified was not 0.3 acres but 3 acres. On its strength it is urged that the area proposed to be acquired was indeed 3 acres but by a printing error it was shown to be 0.3 acres in the Hindi notification under Section 4. In support, it is further urged that the substance of the notification which had been published in the locality under Section 4 too mentioned 3 acres and not 0.3 acres. In their opinion, therefore, the mistaken description in the notification under Section 4 published in Hindi has not affected the merits of the matter.

(3.) This State enacted the U. P. Official Language Act, 1951 in the year 1951. Section 2 of this Act provided that without prejudice to Articles 346 and 347 of the Constitution, Hindi in Devnagri Script shall, with effect from such date within one year from the commencement of that Act as shall be notified by the State Government, be the language of (a) (i) Ordinances promulgated under Article 213 of the Constitution, (ii) orders, rules, regulations and bye-laws issued by the State Government under the Constitution of India or under any law made by Parliament or the Legislature of the State; and (b) all or any of the official purposes of the State.