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Andhra Pradesh High Court
Judges : P.KODANDA RAMAYYA
P.Narayana Rao, S/o.Narasimha Rao - Appellant
Versus
Special Deputy Collector, Land Acquisition (General) Hyderguda, near Old M.L.A.quarters, Hyderabad - Respondent
Decided On : 12-17-83
LAND ACQUISITION ACT - Notification - Publication - Validation - Retrospective Effect - Interpretation - Simultaneous Publication of Section 4 and 6 Notifications - Validity.
Fact of the Case:
The petitioners challenged the notification issued under Section 4 (1) of the Land Acquisition Act, 1894, on the grounds of non-simultaneous publication of the notification in the locality, non-compliance with Part 7 of the Act, and the validity of the Section 6 declaration made simultaneously with the Section 4 notification.
Finding of the Court:
The court held that the notification was saved by the Land Acquisition (Andhra Pradesh Amendment and Validation) Act, 1983, which validated acquisitions that were invalid due to the failure to publish the notification in the locality simultaneously, delay in making the declaration under Section 6, or delay in taking possession after dispensing with Section 5-A enquiry.
Issues: 1. Whether the notification was invalid due to non-simultaneous publication in the locality? 2. Whether the acquisition was void due to non-compliance with Part 7 of the Act? 3. Whether the Section 6 declaration made simultaneously with the Section 4 notification was valid?
Ratio Decidendi: 1. The court held that the notification was saved by Section 5 of the Amending Act, which validated acquisitions that were invalid due to the failure to publish the notification in the locality simultaneously. 2. The court held that the acquisition was not void due to non-compliance with Part 7 of the Act, as the Government had made a contribution from the public revenue as contemplated under Section 6 (1) second proviso, without the necessity of complying with Part 7 of the Act. 3. The court held that Section 17 (4) of the Act, as amended by the Amending Act, which required the publication of the Section 6 declaration after causing public notice under Section 4 (1), was prospective in operation and did not invalidate notifications issued simultaneously under Sections 4 and 6 prior to the amendment.
Final Decision: The court dismissed all the writ petitions, upholding the impugned notification as being saved by the Amending Act.
( 1 ) THIS batch of writ petitions arise out of the LAND ACQUISITION ACT, 1894 I of 1894 (hereinafter called the Act) question the Noiificstion issued by the authorities under Section 4 (1) of the said Act on 11-2-1980, published in the Gazette on 28 2-1980 In all the writ petitions the same notification is questioned. The following grounds are urged by the potitioners :1) The substance of the Notification issued under Section 4 (1) of the Act was not published in the locality or at any rate simultaneously as laid down by the full Bench of this Court in Yadaiah Vs. Government of Andhra Pradesh (1) 1983 (1) ALT 2332) The question is for the cooperative Building Society and Part 7 of the Act is not complied with and the acquisition is void. 3) Sri Mohd Mukarramuddin raised a more formidable question viz after the Land Acquisition (Andhra Pradesh amendment and Validation) Act 9 of 1983 (hereinafter called Amending Act) a declaration under Section 6 of the Act cannot be made dispensing with the enquiry under Section 5-A as contemplated under Section 17 (4) of the Act simultaneously with the publication of the notification under Section 4 (1) but is must be made after causing public notice as contemplated under Section 4 (1) of the act
( 2 ) IT is not in T dispute that the amending Act 9 of 1983 was published on 29-6-1983 and as per Section 1 (3) it shall deemed to have come into force on 12-9-1975 and hence we have test the validity of those proceedings as per the provisions of the Amending Act,
( 3 ) THE Full Bench of this Court in Yadaiah Vs Government of A. P. (1) supra held that the local publication of the Nolification should be simultaneous with the 4 (1) Gazette Notification and any failure to mnke simultaneous local publication i^ fatal to be proceedings and hence the present Amending Act was passed for validiting such notifications. It may be necessary to notice the statement of objects and reasons of the amending Act which is in the following terms:-"the Full Bemh of ths Andhra Pradesh high Court has allowed a batch of writ 9 petitions No. 5722 of 1981 etc, filed in andhra-Pradesh High Court challenging the Land acquisition proceeding issued in various notifications under the Land acquisition Act, 1894 on the ground that there was no simultaneous causing of the public notice in the local area by the collector with the publication of the notification under sub-section (1) of Section 4 and that there was long delay between the date of dispensing with the provisions of Section 5-A and taking possession of the land and the publication of the declaration under Section 6 wherever urgency clause of the Act was invoked. In order to rectify the lacuna in existing law it Is proposed tp suitably amend the Land acquisition Act1894 in its application to the state of Andhra Pradesh providing for the following, namely to enable the Collector to cause public noticte in local area within 40 days of the publication of the notifica- tion under sub-section (1) of section 4 and necessary consequential amendments to section 5 and 17 to give retrospective effect to the above amendments and also the validate the actions taken or things done by the Government under the impugned notifications. It is also provided that in case where the possession of land could not betaken by the Collector within a period of 3 months after dispensing with the provisions of Section 5-A the provisions of Section 5-A shall apply" the above reference is not for the aid to construction of the statute but for ascertaining the circumstances which led to the Legislation in order to find out what was the mischief of the Legislation aimed to remedy. The two principal things aimed at by the Amending Act are (1) to dispense with the necessary of making local publication simultaneously with the notification; (2) To prevent invalidity of proceedings due to long delay in finalising the proceedings. As per Sections 2, 3 and 4 of the Amending Act sees. 4, 5, 5
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