Publication to be done in District Gazette not contemplated u/s 4(1) of the Act.

Heard the learned counsel appearing for the parties.

2. The petitioner has prayed for issuing a Writ of Certiorari to quash the proceedings in Roc. 12718/97(Y1) dated 22.12.1997 issued under Section 4(1) of the Land Acquisition Act as well as for quashing the declaration issued under Section 6 of the Land Acquisition Act.

3. The petitioner has challenged the validity of such notification on the ground that the provisions relating to issuance of notice, particularly, notice relating to enquiry under Section 5-A of the Act had not been complied with. It is also contended that the notification under Section 4(1) had not been published in accordance with law.

4. The notification under Section 4 (1) of the Land Acquisition Act was published in the District Gazette of Dharmapuri District on 30.12.1997. Subsequently, there was a publication in the newspaper and in the locality on 5.1.1998. The contention of the learned counsel for the petitioner at this stage is that the publication in the District Gazette is not contemplated under Section 4(1) of the Act. Section 4 (1) of the Central Act is to the following effect:

(a) for the expression "whenever it appears to the appropriate Government", the expression "Subject to the provisions of sub-section (1-A), whenever it appears to the Collector or the Commissioner of Land Administration or the Government, as the case may be," shall be substituted;

(b) the following Explanation shall be added at the end, namely:-

(a) may precede each other;

(b) shall be completed within a period of sixty days. The period of sixty days shall be reckoned from the date of publication of notification in the Official Gazette or the date of publication of such notification in two daily newspapers or the date of giving public notice, whichever is earlier."

5. By Act 16 of the Land Acquisition (Tamil Nadu Amendment) Act, 1996 certain amendments have been effected. Section 4(1) as amended by Act 16 of 1997 would read as follows:

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}.

6.The contention of the petitioner is to the effect that as per Section 4(1), the notification has to be published in the Official Gazette. The expression 'Official Gazette' has not been defined in the Land Acquisition Act. Therefore, the meaning has to be ascertained from the General Clauses Act:

"Section 3—In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context,--

. . . . . .. .

(39)"Official Gazette" or "Gazette" shall mean the Gazette of India or the official Gazette of a State;"

7.It is the contention of the petitioner that Official Gazette should mean the Gazette of the State which is published from Fort St. George and not a Gazette which is published in a particular district of the State. Learned counsel for the petitioner has also referred to the Law Lexicon by P. Ramanatha Iyer 1997 edition wherein it is indicated that official Gazette means in the case of residents of Madras Fort St. George Gazette.

8. Learned counsel for the petitioner relied upon AIR 1977 ALLAHABAD 251 wherein it was held in the context of Motor Vehicles Act, gazette refers to Official Gazette of the State and not to the Central Government Gazette.

9. Incidentally, it may be pointed out that in the Standin