JAYABAI Vs. STATE OF M.P. AND OTHERS

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging acquisition proceedings taken under the Land Acquisition Act, 1894, (hereinafter referred to as the Act). The brief facts are as under :

(2.) The petitioner claims to be owner of survey No. 137. It measures 0.110 hectares. This was acquired for the purpose of rural housing scheme. A notification under Sec. 4 of the Act was published in the official gazette on 21.3.1984. As per the petitioner a further notification was issued under section 6 of the Act on 12.10.1984. The contention of the petitioner is that as by the time notification under section 6 was issued, the Land Acquisition Act of 1894 was amended, it was equally necessary to publish the notification under section 6 in two regional newspapers. The petitioner's counsel has placed reliance on Balak Ram Vs. Union of India, AIR 1987 Delhi 239 : 1987 R.R.R. 519.

(3.) The case of the respondent/State is that it is not necessary to comply with the provisions of the Amended Act as the notification under section 6 was prepared earlier to 20.6.1984. It is argued that the notification was sent for publication in the official gazette on the above date but somehow or the other this came to be published in the gazette dated 12.10.1984. It is further stated that award in this case was made on 16.7.1986 and the possession of the land was taken before the filing of the writ petition i.e. on 14-6-1986. It is further stated that the petitioner owns 16.210 hectares of land and out of the aforementioned land only 0.110 hectares has been taken possession of under the aforesaid notifications. The further assertion in the return is that the notifications under section 4 and 6 were given due publicity. The copies of the notifications were fixed on the notice board of the village choupal.