M SUBBARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A brief resume of the relevant facts is necessary for adjudicating the issue involved, viz., whether the principle of constructive res judicata can be pressed into service, so as to prevent the petitioners from raising the point as to whether the declaration under Section 6 of the LAND ACQUISITION ACT, 1894 is not published in accordance with the provisions of law within three years from the date of notification published under Section 4(1) of ths Land Acquisition Act, Sec. 4 (1) notification will have to be quashed.

(2.) Under Section 4 (1) of the Act, a draft notification, dated 30-4-82 was published in the Gazette. Challenging the same, a Writ Petition (W.P. 3944/82) was filed on 14-6-82. It is pertinent to mention here that pending the Writ petition, there was a stay, but confined only to the taking over possession of the subject matter of acquisition. The rest of the proceedings were however not stayed. Eventually on 31-12-1985, when the writ petition came up for final hearing it was found that Section 4 notification, and Section 6 declaration were published simultaneously, and hence, following the settled decisions of this Court, Section 6 declaration was quashed. The authorities were directed to conduct an enquiry under Section 5-A after due notice and by observing the formalities under the said section. Accordingly, after due enquiry, once again Section 6 declaration was published on 19-8-87. It is not in dispute that the said declaration was also published in one of the local daily newspapers, but in another daily it was published anterior to the said publication, i.e., on 11-8-87. Therefore, the present writ petition was filed on 24-8-87. The writ petition was admitted, and stay of further proceedings granted.

(3.) At the final hearing, the learned counsel urged, based on the provisions of Section 6 of the Act, that the publication of Section 6 declaration in two newspapers is mandatory. Secondly he submitted that since Section 6 declaration is published beyond three years from the date of Section 4 (1) notification, Sec. 4 (1) notification will have to be quashed