IMPORTANT POINT
Expression "date of publication of declaration" appearing in Section 11A of Land Acquisition Act a stage subsequent to Section 6, answering stipulation "hereinafter" has to be the last of dates out of the three modes of publication ordained by the statute.

JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The basic issues involved in this appeal revolve round the question whether the award made under Section 11A of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ) is barred by limitation.

3. Factual position in a nutshell is as follows:

A Notification under Section 4 of the Act was issued and published in District Gazette on 16-3-1989 and was subsequently published in two daily newspapers on 29-4-1989 and local publication was made on 20-3-1989. Publication of the declaration under Section 6 of the Act was made on different dates in the following manner: (a) in the District Gazette on 1-2-1990, (b) daily newspapers on 27-2-1990 and (c) local publication on 15-3-1991. The award under Section 11A of the Act was made on 25-3-1992.

4. A Writ application was filed by the landowner (respondent No. 5 herein) before the Patna High Court taking the stand that the award was made after the expiry of two years period as reckoned from the date of publication of the declaration on 27-2-1990 when it was published in two local daily newspapers. Referring to Section 11A of the Act the plea was accepted. This Court s judgment is Kaliyappan v. State of Kerala and Ors. (AIR 1989 SC 239) was referred to for upholding the stand of the landowner. Challenge before the Division Bench did not yield any result to the present appellant, for whose benefit the land was acquired. An application for review was filed which was dismissed by the impugned judgment by taking the view that there was no scope for review of the judgment and what was attempted to be done in essence amounted to appeal in the guise of a review petition.

5. Learned counsel for the appellant-Board submitted that the approach of the High Court is erroneous. The period has to be reckoned from the last date out of the series of publication envisaged and in view of the clear language of Section 11A, there was no scope for holding that the award was made beyond the prescribed time. Learned counsel for the State of Bihar supported the stand. But learned counsel for the respondent No.5 landowner submitted that the date of local publication is really of no consequence after the publication in the two local newspapers. Since a grievance was made by some of the landowners whose lands were simultaneously acquired that they had not been given due notice, the land acquisition authorities made a local publication of the substance of the declaration. This was an act done for the convenience of the parties and it cannot extend the period of limitation as prescribed under Section 11A of the Act.

6. In order of appreciate the rival contentions few provisions of the Act need to be noted. They are:

Sections 4(1), 6(1) and (2) and 11A 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 the publication of the notification).

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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 5-A, 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 authorized to certify its orders, and different declarations ma