1990 Supreme(AP) 174

Andhra Pradesh High Court
Judges : JEEVAN REDDY, S.S.M.QUADRI
G.Dalinaidu - Appellant
Versus
State of A.P. - Respondent
W.A.No. 1309/87
Decided On : 04-10-90
Advocates Appeared :
Mr. S. Dasaratharami Reddy,Mr. E.V. Bhagiratha Rao

Headnote:LAND ACQUISITION ACT, as amended by Act 68 of 1984, Sections 4 (1) end 6 (1) - Publication of Sec. 4 (1) notification in District Gazette on 29-6-85 for acquisition of land for public purpose - News paper publication made on 16-7-85 and 19-7-85 and substance of notification published in the locality on 20-7-85 Publication of the 8eme notification again in A.P. Gazette on 30.10.85 and in the locality on 1-11-1985 without publication of notification again In two newspapers - Notification is not invalid- District Gazette is Official Gazette as A.P. Gazette - Sanctity of publication in Gazette is equal to publication in newspapers - All the three publications provided by law stand on the same footing and ore mandatory - No order is prescribed for the three publications.

       Held : All the three forms of publication provided by Section 4 (1] must be gone through; but, it would not be right to infer a particular order of publication from the said subsection. Absence of anyone form of publication invalidates the notification; it is not as if the non-publication in the Gazette alone invalidates the notification. All the three forms of publication are equally mandatory. There does not appeal to be any particular basis for holding that the Gazette publication must precede the other forms of publication. It is not suggested that as between the publication in the newspapers and publication in the locality, there is a particular order. There is no reason why such an order should be stipulated vis-a-vis publication in the Gazette. All the three publications are provided by law, and stand on the same footing. The Gazette has no statutory basis, and that its publication i.e. merely an official act of the Government. The sanctity which attaches to publication of the notification under Section 4 (1) in the Official Gazette attaches equally to two other forms of publication; there is no reason to prefer one over the other; nor would it be light to say that one form of publication is more important or more fundamental than the other.