LAWS(MPH)-2006-8-58

SUDARSHAN PRASAD PATEL Vs. STATE OF M P

Decided On August 31, 2006
Sudarshan Prasad Patel Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) BOTH the above petitions are decided by this common order because similar points are involved. For the convenience, facts are taken from WP No. 6945/2002. The petitioner is an owner of land situated at village Bamhanari, Tahsil Ramnagar, District Satna. The respondent issued a notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to in short "the Act") Annexure P-1 dated 25th September, 2002 published in the M.P. Gazette on 18th October, 2002 by which it was notified that the land situated in village Bamhanari area 223.40 acres is required for public purposes. The respondents have also invoked section 17 (1) of the Act and excluded the inquiry under section 5A of the Act. Thereafter under section 6 of the Act, notification dated 25th September 2002 was published in Gazette on 1st of November, 2002 by which land of the petitioner was declared acquired for public purposes. The petitioner has challenged these notifications on following grounds :

(2.) THE counsel appearing for State supported the action of the respondents and submitted :

(3.) THAT the legal position has been set at rest by the apex Court after considering the provisions of sections 4 and 6 of the Act prior to amendment in the 1984 and thereafter. The apex Court held that prior to amendment of 1984, it was permissible to publish both the notifications simultaneously. But after the amendment, a declaration can only be made 'after the date of publication of the Notification' under section 4. So there must be difference of dates between the date of the publication of the Notification under sections 4 and 6. Hence both the notifications cannot be published on the same date. This act of the respondents is in violation of section 17(4) of the Act. The expression 'after the date of the publication of the notification' introduced in section 4 can be explained by reading it along with the amendment made in section 4 whereby in different situation in section 4, the last date of publication of the notice has been determined as the date of the publication of the notification and similarly in section 6 a date of the publication of the notice has been provided for. It clearly indicates that declaration under section 6 had to be made after the publication of the notification, meaning thereby subsequent to the date of publication of the notification.