R NARRAYYA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The sole but substantial question that falls for adjudication in this writ petition is whether it would be valid and legal if a declaration under Sec. 6 which is approved simultaneously on the same day on which notification under Sec. 4 (1) of the Land Acquisition Act was approved and published, though the same was actually notified subsequent to the date on which not only Sec. 4 (1) notification was published but also the gist of the said notification was also published in the locality.

(2.) The relevant facts in brief are : On 3-3-1984, Sec. 4 (1) notification was proposed and also was published and on the same day, Sec. 6 declaration was also approved. On 7-3-1984, the substance of Sec. 4 (1) notification was published in the locality. Thereafter, on 14-3-1984, Sec. 6 declaration was made by way of publication. It is in this state of circumstances, the rival contentions will have to be examined. For the purpose of appreciation of the rival contentions, it is necessary to extract Sec. 17 (4) of the Land Acquisition Act, 1984 as amended by Act 9 of 1983 as follows : Unamended Sec. "Sec. 17 (4) : Special powers in cases of urgency : (4) In the case of any land to which in the opinion of the appropriate Government, the provisions of sub-section (1) of sub-section (2) are applicable the appropriate Government may direct that the provisions of Sec. 5-A shall not apply, and if it does so direct, a declaration may be made under Sec. 6 in respect of the land at any time (after the date of publication of the notification) under Sec. 4, sub-section (1). Amended Sec. 17 (4) : In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) of Sub-sec. (2) are applicable the appropriate Government may direct that the provisions of Sec. 5-A shall not apply and if it does so direct, a declaration may be made under Sec. 6 in respect of the land at anytime (As amended by Amendment Act 9/1983) after causing public notice under Sec. 4, sub-sec. (1).."

(3.) The learned counsel for the petitioner contends that by virtue of the Amending Act 9/1983 which came into being on 29-6-1983, sub-sec. (4) of Sec. 17 of the Land Acquisition Act, 1894 was amended by which the words, "after the date of publication of the notification" were substituted by the words, "after causing public notice" and, therefore, it is incumbent upon the authorities to approve Sec. 6 declaration only subsequent to the causing of public notice and not anterior to that date. In other words, even the approval cannot be made as it is to be done after consideration of the objections, if any, tendered after public notice being caused and so, the declaration made by way of approval on the same day on which Sec. 4(1) notification was made, was bad. What all has been done after public notice is, a formal publication of the said declaration and hence Sec. 4(1) notification is vitiated.