IMPORTANT POINT
A "declaration must be made" under Section 6(1) of the Land Acquisition Act, 1894 within one year from the date of "last publication of the Notification" under Section 4. Thereafter the publication under Section 6(2) may take place at a later date as it is merely a ministerial act.

Headnote:Land Acquisition Act, 1894-Sections 4, 6 and 11A-Acquisition proceedings-Last date of publication of notification under Section 4 was 30.1.1986-Declaration under Section 6 was made/issued on 29.1.1987 published in local newspapers on 30.1.1987 but published in Official Gazette on 19.3.1987-Contention that as declaration under Section 6 of the Land Acquisition Act has not been published within a period of one year from the last date of publication of the notification under Section 4 and hence acquisition proceedings are vitiated and should be set aside-Rejected by High Court in writ petition-Appeal against to Supreme Court-Whether High Court was right? (Yes)-1997(8) SCC 47 explained-Appeal dismissed.
       Held : In our view the wordings of Sections 4, 6 and 11-A leave no room for doubt that the Land Acquisition Act made a distinction between a "declaration" and "publication". To be noted that under Section 4 the notification has to be published. Again under Section 11-A the period of two years has to be commuted from the date of "publication of the declaration". As distinct from this under the first proviso to Section 6(1) a "declaration" cannot be made after the expiry of one year from the date of "publication of the notification under Section 4". The words "published" in clauses (i) and (ii) of the first proviso to Section 6(1) refer to the publication of notification under Section 4. A plain reading of Section 6 shows that a distinction is made between a "declaration" and a "publication". Viewed from this angle the wordings of the first proviso to Section 6(1) become important. The proviso lays down that "no declaration (under Section 6) shall be made after expiry of three years [under clause (i)] where the notification under Section 4 is published before the commencement of the Land Acquisition Act, 1984 and after expiry of one year (under clause (ii)] where notification under Section 4 was published after commencement of Land Acquisition Act, 1984. Thus the proviso clearly talks of "Publication" in respect of notification under Section 4 and then provide a time for "making of declaration" under Section 6. The legislature is purposely omitting to use the words "Publication of declaration" in the proviso to Section 6. In our view, it is clear that the "declaration must be made" within one year from the date of "last publication of the Notification" under Section 4. Thereafter the publication under Section 6(2) may take place at a later date as it is merely a ministerial act. (Paras 13 and 14)
       On examination of 1997(8) SCC 47
       Held : Thus a detailed reading of the authority makes it clear that the last date under Section 6(2) is only for purposes of computing limitation under Section 11-A. Publications under Section 6(2) are ministerial acts and procedural in nature. In any case, in this case the date of first publication of declaration is 30th January, 1987. This is also within one year of last date of notification under Section 4. The High Court was thus right in holding that the proceedings were not vitiated. We, therefore, see no substance in the appeal. We see no infirmity in the impugned judgment. Accordingly the appeal stands dismissed. There will be no order as to costs. (Paras 17 and 18)

JUDGMENT

S.N. Variava, J.-Leave granted.

2. Heard parties.

3. This Appeal is against a Judgment dated 24th August, 2001 by which the Writ Petition filed by the Appellant has been dismissed.

4. Briefly stated the facts are as follows :

The 3rd Respondent required certain lands in Aurangabad city. Thus land acquisition proceedings were started. A Notification under Section 4(1) of the Land Acquisition Act was published in the Government Gazette on 21st January, 1986. It had earlier been published in local newspapers on 3rd November, 1985 and 6th November, 1985. The local publication in the village took place on 30th January, 1986. The declaration under Section 6 was issued on 29th January, 1987. This declaration was published in the local newspaper on 30th January, 1987. It was then published in the Official Gazette on 19th March, 1987 and in the concerned locality on 24th April, 1987. At this stage it must be mentioned that notice under Section 9 was received by the Appellant on 13th March, 1989. On 14th March, 1989 the Appellant filed his reply opposing the acquisition. Respondent No. 2 passed the final award on 21st April, 1989.

5. On 16th March, 1989 the Appellant filed this Petition in the High Court of Bombay at Aurangabad. On 20th March, 1989 he obtained an ad-interim stay preventing the Government from taking possession. However, this Writ Petition ultimately came to be dismissed by the impugned Order.

6. Before us only one point has been urged. It has been submitted that the Declaration under Section 6 of the Land Acquisition Act had not been published within a period of one year from the last date of publication of the Notification under Section 4. It is submitted that for this reason the acquisition proceedings are vitiated and should be set aside.

7. At this stage it would be appropriate to set out Sections 4(1), 6 and 11-A of the Land Acquisition Act. These Sections read as follows :

"4. Publication of preliminary notification and powers of officers thereupon.-(1) Whenever it appears to the appropriate Government that 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 at least one shall be in the regional language) and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the notification).

..................................

6. Declaration that land is required for a public purpose.-(1) Subject to the provisions of Part VII of this Act, when the Appropriate Government is satisfied after considering the report, if any, made under Section 5A, sub-section (2), that any particular land is needed for a public purpose, or for a company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under Section 4, sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required) under Section 5-A sub-section (2) :

Provided that no declaration in respect of any particular land covered by a notification under Section 4, sub-section (1),-

(i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 but before the commencement of the Land Acquisition (Amendment) Act, 1984 shall be made after the expiry of three years from the date of the publication of the notification; or

(ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of on

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2001 Supreme(SC) 1490

IMPORTANT POINTA "declaration must be made" under Section 6(1) of the Land Acquisition Act, 1894 within one year from the date of "last publication of the Notification" under Section 4. Thereafter the publication under Section 6(2) may take place at a later date as it is merely a ministerial act.

Cases Referred (1)

IMPORTANT POINT
A "declaration must be made" under Section 6(1) of the Land Acquisition Act, 1894 within one year from the date of "last publication of the Notification" under Section 4. Thereafter the publication under Section 6(2) may take place at a later date as it is merely a ministerial act.