IMPORTANT POINT
Section 6(1) of Land Acquisition Act, 1894 talks about making of declaration and not for its publication. So limitation of one year under Section 6(3) applies to making of declaration within one year from the date of publication of notification under Section 4 though it may be published later.

Headnote:Land Acquisition Act, 1894-Sections 4(1) and 6(3)-Last date of publication of the substance of notification under Section 4(1) was 19.5.1993-Notification under Section 6 made on 17.5.94 but published in Gazette on 24.5.1999-Limitation of one year-Whether to be reckoned upto 17.5.94 or 24.5.94? (The former)-High Court holding later-Whether correct? (No).
       Held : The aforesaid finding cannot be sustained in view of Sections 4 and 6 of the Act as well as the decision rendered by this Court in S.H. Rangappa v. State of Karnataka and another [(2002) 1 SCC 538] and Khadim Hussain v. State of U.P. and others [(1976) 1 SCC 843]. (Para 8)
       Held further : From the different phraseology used in Sections 4(1) and 6(1), it is apparent that under Section 4(1) publication in the official gazette is a condition precedent for acquiring the land. As against this, Section 6(1) provides that if the appropriate Government is satisfied that any particular land is needed for a public purpose or for a company, a declaration is to be made to that effect under the signature of the Secretary of such Government or of some officer duly authorised to certify its order. Further, such declaration is to be made within a period of one year from the date of publication of the notification under Section 4(1) of the Act. Hence, Section 6(1) does not require that such declaration could not be published in the official gazette after expiry of one year from the date of publication of the notification under Section 4(1). Time limit of one year is prescribed to a declaration to be made that land is needed for a public purpose under the signature of a Secretary or authorised officer to such Government. In this view of the matter, in the present case, the relevant dates for consideration would be 17/19.5.1993 when the substance of the notification under Section 4 was published in the local newspapers and 17.5.1994 which is the date on which declaration under Section 6 was made. The date 24.5.1994 when such declaration was published in the official gazette is not required to be considered. The notification under Section 6(1) is made within prescribed period. Hence, the impugned order passed by the High Court considering the relevant date as 24.5.1994 for setting at naught the land acquisition proceeding cannot be justified. (Paras 13, 14 and 15)
       Held consequently : In the result, the appeals filed by the Urban Improvement Trust are allowed. The impugned judgment and order passed by the High Court in D.B. Civil Special Appeal Nos. 270-277/97 etc. allowing the appeals and quashing the land acquisition proceedings is set aside. The judgment and order passed by the learned Single Judge is restored. (Para 22)

JUDGMENT

Shah, J.-Leave granted in the special leave petitions.

2. The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ) was made by the State of Rajasthan on 21st February, 1990 for acquiring approximately 4800 bighas of land situated in Tehsil Girwa, district Udaipur as it was required by Urban Improvement Trust, Udaipur (hereinafter referred to as the Improvement Trust ), for the public purpose i.e. Udaipur Bhuwana Extension Scheme, Udaipur. Bhuwana Extension Scheme of the Improvement Trust is a residential scheme sub-serving the objective of the planned development and utilization of the notified land. The Improvement Trust, Udaipur was established under the provisions of the Rajasthan Urban Development Act, 1959 for the purpose of carrying out improvement and expansion etc. of urban area of the city Udaipur. It provides for the acquisition of any land or other property necessary for the execution of the Scheme.

3. Before the notification could be published in the official gazette, the Gram Panchayat Bhuwana filed Civil Writ Petition No.2255 of 1991 on 20.5.1991 challenging the notification dated 21st February, 1990. In the said matter, writ petitioner prayed for interim relief to the effect that the Improvement Trust should not make any allotment to any person out of the land of Khasra Nos.2661, 2691 and 2835 of village Bhuwana and the notification be quashed. The High Court passed the following interim order in the writ petition:-

"Issue Notice.

Meanwhile the status quo as it exists today with respect to the land in question will be maintained."

4. That writ petition when came up for hearing on 28.10.1994, was not pressed and was dismissed as withdrawn.

5. In these matters, following are the relevant dates on which submissions are made:-

Pending hearing of the aforesaid writ petition, notification which was prepared on 21st February, 1990 was published on 31st March, 1990 and 1st April, 1990 in the daily newspapers.

- On 4.6.1992 notification under Section 4(1) dated 21.2.1990 was published in the official gazette.

- On 13.11.1992, substance of the said notification under Section 4 of the Act was affixed at the conspicuous places.

--- On 17/19.5.1993, substance of the said notification was published in the local newspapers.

- On 17.5.1994, the declaration under Section 6(1) was made.

- On 24.5.1994, the said declaration made under Section 6(1) was published in the official gazette.

- On 9/10.10.1994, the declaration under Section 6(1) was published in local newspapers.

6. Thereafter, in some of the matters, awards under Section 12 of the Act were made and in some of the cases proceedings for making awards were over but awards were not passed. In the meantime, in all 43 writ petitions were filed, out of which 11 were filed in the year 1995, 30 were filed in the year 1996 and 2 were filed in the year 1997 challenging the acquisition proceedings. Large number of other land owners have not challenged the land acquisition proceedings.

7. The learned Single Judge by his judgment and order dated 10.1.1997 in S.B. CWP No. 469 of 1996 etc. dismissed all writ petitions. Against that judgment and order, Civil Special Appeal No.270 of 1997 etc. were preferred before the Division Bench of the High Court. The High Court by impugned judgment and order dated 6th March, 1998 allowed the appeals and quashed the acquisition proceedings including the awards etc. with a clarification that judgment would not confer any benefit on any other person who was not a party before the Court. The Court held that publication of notices in the newspapers prior to 4.6.1992, which is the date of publication of notification under Section 4(1) of the Act, cannot be considered for the purpose of determining the period of limitation for declaration made under Section 6(1). The last date of pub

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2002 Supreme(SC) 955

Cases Referred (7)