ZORAMMUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. S. Borgohain, learned counsel for the petitioner and Mr. A.K. Rokhum, learned Addl. Advocate General, Mizoram appearing on behalf of the respondents.

(2.) THIS is an application under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of notification No. K.12011/57/13 -REV (Annexure 2) to this writ petition issued under Section 4(1) of the Land Acquisition Act, 1894. Paragraph 2 of the said notification quoted below: -

(3.) THE learned counsel for the petitioner has challenged this notification on the ground that his right following from section 5 -A of the Land Acquisition Act, 1894 (Hereinafter the LA Act) has been violated by this notification. Section 4(1) of the LA Act requires a notification in Official Gazette as well as in daily newspapers having circular in the locality of proposed acquisition, one of whom shall be in regional language and the said section also requires that the Collector should cause public notice of the substance of the notification under section 4(1) at convenient places. Under section 5 -A of the LA Act, any person interested in any land notified under section 4 of the LA Act is entitled to file objection against acquisition of the land within the period of 30 days from the date of publication. So far as date of publication mentioned in the said Section is concerned it contemplates, according to Mr. Borgohain, the last date of publication made by the collector and not the date of Gazette notification as requires under section 4 of the LA Act. But in the impugned notification referred to above the collector has required filing of objection within a period of 30 days from the date of publication of official Gazette and not from the date of last publication in the newspaper following Gazette notification. This, according to Mr. Borgohain, has taken away the right of the prospective objectors, including the petitioner, from filing objection within the period prescribed by the statute. Mr. Borgohai has relied on a judgment of Kerala High Court in the case of Jaimon vs - District Collector, Civil Station Kakkanadu and Ors, 2008 AIR(Ker) 224 wherein the Kerela High Court has held that the date of publication in the newspaper in regional language following Gazette notification under Section 4(1) of the LA Act is the date of publication within the meaning of section 5 -A of the Act. Same is the view of the Hon'ble Supreme Court in the case of Usha Stud and Agricultural Farms Private Limited and Others vs - State of Haryana and others, 2013 4 SCC 210.