Publication of notification in dailies which had no circulation in the locality is wrong.

(Appeal against the order of the learned single Judge, dated 05.04.2002, made in W.P. No.19439 of 1994.)

P. Sathasivam, J.

The above Writ Appeal is filed against the order of the learned single Judge, dated 05.04.2002, made in W.P. No.19439 of 1994, in and by which, the learned Judge dismissed the said petition on the ground of laches.

2. Aggrieved by the acquisition proceedings initiated by the Housing and Urban Development Department, the appellant approached this Court by way of W.P. No.19439 of 1994. In the said Writ Petition, the petitioner raised several contentions including the one that enquiry under Section-5A of the Land Acquisition Act was not conducted as per Rules. It was also contended that the Newspapers in which publication was effected have no circulation in that area. Apart from the above legal contentions, the petitioner also raised other contentions, pointing out certain Government Orders, which prohibit acquisition of certain lands for the purpose ascribed by the Housing Department. The respondents filed a counter affidavit, highlighting their stand. The learned Judge, after finding that Section-5A enquiry and Section-6 declaration were of the year 1992, and that the Writ Petition was filed only in November, 1994, refused to accept the contentions raised by the petitioner and dismissed the writ petition.

3. In the case on hand, the purpose of the acquisition is for formation of neighbourhood scheme at the instance of the Tamil Nadu Housing Board. Notification under Section 4(1) was published in the Tamil Nadu Government Gazette on 30.10.1991. The same was published in the local Dailies, viz., "Nam Nadu" & "Madurai Mani", on 20.11.1991 and the gist of notification was published in the locality on 21.11.1991. Form-3a Notice was served on the petitioner on 05.01.1992 and the petitioner submitted his objections on 20.01.1992. Section 5-A enquiry was held on 23.1.1992 and the remarks of the requisitioning body was received by the Land Acquisition Officer on 25.2.1992. Section-6 Declaration was published in the Government Gazette on 18.11.1992; in the local Dailies, viz., Dhina Thoodu” and “Makkal Kural”, on 19.11.1992; and local publication was effected on 20.11.1992. According to the learned counsel, before passing of the Award, the appellant/petitioner approached this Court and filed the Writ Petition questioning the entire acquisition proceedings.

4. The information furnished in the counter affidavit shows that the Award enquiry was conducted on 18.10.1994 and 19.10.1994 and final award was passed on 18.11.1994. It is true that the Writ Petitioner obtained stay of all further proceedings on 16.12.1994. It is not the case of the Department that after passing of the Award, the petitioner kept quite or slept over the matter. Normally, this Court will not entertain a Writ Petition, challenging Notification under Section 4(1) of the Land Acquisition Act on the ground that it is only administrative in nature. It is not in dispute that the petitioner submitted his objection within the prescribed time and also participated in the 5-A enquiry on 23.1.1992. It is further seen that the remarks of the requisitioning body, viz, Tamil Nadu Housing Board, was forwarded to the Land Acquisition Officer only on 25.2.1992, that is, nearly after a months’ time from the date of the 5-A enquiry. Though this objection was raised in the affidavit, giving all the details, the same was not considered by the learned Judge. Likewise, the other objection of the petitioner was that through all the three modes, notice was not properly effected. In other words, according to the learned counsel, publication in the Government Gazette, local Dailies and locality being mandatory, failure to fulfil the above provision/condition would vitiate the acquisitions proceedings. It is specifically stated in the affidavit that the Dailies in which publication was made, viz., 'Nam Nadu', 'Madurai Mani', 'Dhina Thoothu' and 'Makkal Kural', have n