CH SURANNA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In this Writ Petition the petitioners seek a declaration that the action of the respondents in acquiring their lands in S. Nos. 500/1 (Acres 1-50 cents), 500/2 (Acres 1-35 cents) and 500/3 (Acres 0.24 cents) in Ramachandrapuram as illegal, null and void and for a consequential direction that the respondents shall drop all further proceedings relating to the said acquisition.

(2.) The main contention raised by the learned counsel for the petitioners is that the declaration under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') made in respect of the impugned acquisition of the petitioners' lands is hit by Clause (ii) of the first proviso to sub-section (1) of Section 6 of the Act because it was made after the expiry of one year from the date of the publication of the notification under Section 4 of the Act in respect of the said acquisition. Though it was not raised in the Writ Petition, as it relates to a pure question of law, the counsel for the petitioner was allowed to raise this contention.

(3.) It is not in dispute that the said notification under sub-section (1) of Section 4 of the Act was published in the extraordinary issue of the district gazette dated 7-4-1986, in the Telugu daily 'Vishalandhra' dated 13-4-1986 and in the Telugu daily 'Andhra Jyothi' dated 17-4-1986 and that public notice of the substance of the said notification in the locality was given on 14-4-1986. As per sub-section (1) of Section 4 of the Act, "the last of dates of such publication and giving of such public notice" is referred to as "the date of the publication of the notification". Thus the date of publication of the notification under Section 4 (1) of the Act in respect of the acquisition now in question is 17-4-1986. Under the first proviso to sub-section (1) of Section 6 of the Act no declaration in respect of any particular land covered by a notification under Section 4, sub-section (1) (i) XXXXXX (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." In the counter affidavit filed by the 2nd respondent, it is stated that the draft declaration proposals were approved by the 1st respondent in his L1,31/86 dated 6 4-1987 and that the same was published in the following manner : In the District Gazette 13-4-1987 In the daily news papers : Visalandhra and Andhra Jyothi on 16-5-1987 It is also stated that the public notice of the substance of the said declaration was given in the locality on 14-5-1987.