PRINCIPAL SECRETARY TO GOVERNMENT HOUSING MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT Vs. CHIKALA ADILAKSHMAMMA

JUDGEMENT

(1.) In these writ appeals, a question of general importance is raised, namely, whether the amendment of Section 4 (1) of the Land Acquisition Act by the Central Act 68 of 1984 and the A.P. Amendment 9 of 1983 renders the publication of the notification in the newspapers mandatory and if so, whether such publication should be prior to causing public notice of the substance of such notification locally, or can it also be later and if so, what should be the date of publication of the notification under Sec. 4(1) of the Act? In case it is published later in newspapers, whether that can be the date of publication of the notification as required under section 4 (1).

(2.) The question arises in the following circumstances : The land in question situated in Narasaraopet, Guntur District, was sought to be acquired for a public purpose, namely for construction of houses for Government Class IV and Non-Gazetted Employees Cooperative Building Society. The notification to that effect was published in the Gazette on 15-10-1984. The substance of the said notification was caused to be published in the locality on 23-11-1984. Meanwhile on 24-9-1984 the Central Act 68 of 1984 came into force and as per that amendment, the notification has to be published in two newspapers circulating in the locality, of which one should be in regional language. The notification was then published on 25-3-1985 in the two dailies. It was followed by Sec. 6 declaration published on 21-3-1986. Questioning the said notification, W.P. No. 5424 of 1986 was filed. Our learned brother Seetharama Reddy, J., allowed the writ petition holding that the publication in the newspapers is beyond 40 days and likewise Sec. 6 declaration is beyond one year and therefore, the notification under Sec. 4 (1) is invalid. The Employees Cooperative Building Society has filed W.A. No. 466 of 1987 and the Government has filed W.A. No. 386 of 1987.

(3.) It is contended before us that the publication in the newspapers is not mandatory and, at any rate, such a publication can also be after causing public notice of the substance locally and the date of publication of the notification shall be the date on which such publication is made in newspapers, and therefore the notification under Sec. 4(1) in this case is not invalid and consequently the declaration under Sec. 6 which was published on 21-3-1986 is also within one year and is therefore valid. To appreciate this contention, it becomes necessary to refer to the relevant provisions. Section 4 (1) as amended by the Central Act reads thus : "(4) Publication of preliminary notification and powers of officers thereupon : (1) Whenever it appears to the appropriate Government that the land in any locality (is needed or) is likely to be needed for any public purpose (or for a Company) a notification to that effect shall be published in the Official Gazette (and in two daily newspapers circulating in that locality of which atleast one shall be in the regional language) and public notice of the substance of such notification to be given at convenient places in the said locality (the last date of the dates of such publication and the giving of such public notice being hereinafter referred to as the date of the publication of the notification). In A.P. Amendment Act No. 9 of 1983, the words "the Collector shall within 40 days from the date of publication of such notification cause" have been added after the words "in the regional language".