( 1 ) THE petitioners claim to be the owners of land comprised in S. No. 436-1 admeasuring Acs. 4-46 cents situated in hindupur village. The 1st respondent issued notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894 ( the Act for brevity) proposing to acquire land for a public purpose for establishment of Autonagar in Hindupur. A copy of the notification was published in the local newspapers on 7. 11. 2001. Thereafter, a declaration was published under sub-section (1) of Section 6 of the Act on 30. 3. 2002. These two notifications are assailed in this Writ Petition.

( 2 ) IT is contended that the notification issued under Section 4 (1) and the declaration made under Section 6 (1) of the Act by the district Collector are without jurisdiction. Secondly, it is urged that the declaration was made as if the land is being acquired for the purpose of establishment of autonagar at Hindupur whereas the notification published in the newspapers under Section 4 (1) shows that the land is proposed to be acquired for providing house sites to persons belonging to weaker sections.

( 3 ) IN the counter-affidavit filed along with the vacate stay application, it is stated that the notification issued under section 4 (1) was for acquiring land for establishment of Autonagar. However, the newspapers committed a mistake in publishing the same by showing that the land is being acquired for providing house sites. However, it is sought to be justified on the ground that the declaration made under Section 6 (1) of the Act was correctly issued proposing to acquire the land for establishment of Autonagar and, therefore, the notifications are not vitiated by any illegality.

( 4 ) WHENEVER the land is required for public purpose, the Government has to issue a notification under Section 4 (1) of the Act and publish it in the official gazette to the effect that such land is needed for such public purpose. The notification under Section 4 (1) of the Act, as published in the official gazette, shall have to be necessarily published in two daily newspapers circulated in the locality, one of which at least shall be in the regional language. The third step is publication of substance of the notification, at a convenient place in the locality where the land is situated, under Section 6 (1) of the Act. The Government or the other competent authority has to publish a declaration after publishing the notification under Section 4 (1) of the Act in the locality. However, no declaration under Section 6 (1) can be made after the expiry of one year from the date of publication of the notification under Section 4 (1) of the Act subject, however, to the condition that if the notification under Section 4 (1) is stayed by the Court, the period during which the stay operates shall be excluded.

( 5 ) AS seen from the above, in this case, there is no valid publication of the notification under Section 4 (1) of the Act in two daily newspapers circulated in the locality. The notification under Section 4 (1) of the Act published in the official gazette on 15. 10. 2001 (copy of which is produced before this Court) and the notification published in the newspapers on 7. 11. 2001 are different. The public purpose for which the notification under Section 4 (1) of the act was published is different from the public purpose published in the local newspapers. Though the 30. 3. 2002, the same must be held to be not in accordance with law as the same is published without there being a valid publication of notification under Section 4 (1) of the Act. Therefore, the only recourse available to the respondents is to publish the notification under Section 4 (1) of the Act in two local newspapers correctly and then issue the declaration under Section 6 (1) of the Act. However, having regard to the second proviso to sub-section (1) of Section 6 of the Act, that is also not possible for the respondents because no publication under section 6 (1) can be made