Publication of notification in two daily newspapers circulating in locality is mandatory.

Markandey Katju, CJ.

This writ appeal has been filed against the impugned judgment of the learned single Judge dated 10.04.2003. We have heard learned counsel for the parties and perused the records.

2. The short question in this writ appeal is whether there has been violation of Section 4 of the Land Acquisition Act, 1894.

3. Section 4(1) of the Land Acquisition Act reads 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).”

4. The notification dated 13.11.1998 under Section 4(1) in the present case was published in the Tamil Nadu Government Gazette on 16.12.1998 and in the Tamil newspapers ‘Kathiravan’ and ‘Madurai Mani’ on 06.01.1999, although the property is situated in Chennai, where the aforesaid newspapers have little or no circulation.

5. The requirements of Section 4(1) of the Land Acquisition Act have been held to be mandatory by the Supreme Court vide,Khoob Chand Vs. State of Rajasthan, AIR 1967 SC 104, Narendrajit Singh Vs. State of U.P., AIR 1971 SC 306, etc.

6. It may be mentioned that Section 4(1) of the Land Acquisition Act was amended by Act 68 of 1984 and a further requirement was made that the notification shall be published in two daily newspapers circulating in the locality of which at least one shall be in the regional language. As held by the Andhra Pradesh High Court in Devireddy Venkatasubbareddy and Another Vs. District Collector, Nellore, AIR 1986 AP 124 the amended requirement is also mandatory. Before the amendment of 1984 Section 4(1) required the notification to be published only in two modes viz., in the official gazette; and publication in the locality of the substance of the notification (the local publication).

The local publication was held to be mandatory by the Supreme Court, and for the same reasons, the Andhra Pradesh High Court held that the additional requirement of publication in two daily newspapers of which atleast one is in the regional language is also mandatory. The mere publication in the official gazette was not deemed sufficient by Parliament, and hence Parliament provided for an additional requirement of publication in two daily newspapers circulating in the locality of which at least one should be in the regional language. This additional requirement was also held to be mandatory by the Andhra Pradesh High Court, and we are in agreement with its view.

7. In Rameshwar Saran and Others Vs. The State of U.P. & Others, 1988 Allahabad Law Journal 559 a Division Bench of the Allahabad High Court quashed a notification under Section 6 on the ground that there were no publiction of the notification under Section 4(1) in the local newspapers. The Division Bench observed:-

“It is well settled that any legislation which has the effect of depriving a person of his land has to be strictly interpreted. It is also well settled that there has to be strict compliance with the provisions of the Statute before a person can be deprived of his land. Although it is no longer a fundamental right, the very provision of Article 300-A of the Constitution makes it clear that a person cannot be deprived of his property except in accordance with law. That makes it obligatory on the part of the State or any acquiring body to strictly comply with the law of acquisition of property. The very basis of any acquisition proceeding