Delay and laches in challenging land acquisition proceedings can be fatal, and the Court may refuse to interfere under Art.226 of the Constitution of India.

M. N. CHANDURKAR (C J)

The main question which really arises in this appeal does not relate so much to the validity or otherwise of the land acquisition proceedings, but to the basic question with regard to the exercise of discretion under Art. 226 of the Constitution. of India in respect of land acquisition proceedings which were commenced by notification under S.4 of the Land Acquisition Act (hereinafter referred to as the Act), dt. 8-5-1975, which were really substantially challenged by an amendment to the original writ petition some time in the year 1986, that is, almost after eleven years.

2. The notification under S.4 of the Act relating to 42.19 acres of land belonging to the original petitioner, present respondent 1, hereinafter referred to as the petitioner, was issued on 8-5-1975. The public purpose stated in the notification was the implementation of housing schemes to meet the demand made by various sectors of the population under Kalaingar Karunanidhi Further Extension Scheme. An enquiry was made under S.5A of the Act, but that was only with reference to 28.42 acres of land because at the instance of the petitioner 13.77 acres were exempted from acquisition. After the enquiry under S.5A of the Act was completed, a notification under S.6 of the Act came to be made on 9-6-1978. Proceedings for determination of compensation were then commenced and an award was passed on 30-4-1983 in respect of compensation payable for 24.31 acres. A separate award with regard to the remaining 4.11 acres was passed on 23-9-1986. In Feb., 1984, the petitioner filed a petition under Art.226 of the Constitution in which he prayed for a writ of certiorari quashing the land acquisition proceedings culminating in Award No. 8 of 1983 dt. 30-4-1983. Later on, an amendment in the prayer clause was sought in M.W.P. No. 11996 of 1986 and a specific prayer with regard to the quashing of the notification under S.4(1) of the Act and S.6 of the Act and Award No. 8 of 1983 in respect of the petitioner's land bearing S.No.127 measuring 28.42 acres in Maduravoyal village, Chengalpattu Dt. was made. This prayer was allowed. The main ground on which the proceedings under the Land Acquisition Act were challenged was that there was no compliance with the latter part of S.4(1) of the Act which requires a public notice of the notification under S.4(1) of the Act to be given in convenient places in the locality in which the land is situate. It appears that before the learned Judge the records were produced. The claim of the petitioner was contested both by the State Government and the Housing Board. A counter was filed by both the contesting respondents and they denied that there was no compliance with the provisions of S.4(1) of the Act. The learned Judge went through the records and he took the view that a piece of paper baring the date 31-7-1975 which was on the record and which purported to be a certificate by the village munsif that the material was published at prominent places in the village did not give any indication as to what was the material that was published and the learned Government Pleader, according to the learned Judge, was not in a position to improve the matter by pointing out to any relevant record. The records, according to the learned Judge, did not make out a case of compliance with the latter part of S.4(1) of the Act. The learned Judge has found that S.4(1) read with R.1 of the Rules with regard to local publication required publication to be done contemporaneously, but that local publication is stated to have been done on 31-7-1975. Even with regard to this date, the learned Judge felt that the material on record did not bring conviction to the mind of the Court that there was compliance with the requirements of the statutory provisions. Reliance was placed on the decision of the Supreme Court in Collector v. Raja Ram Jaiswal, 1985 AIR(SC) 1622, 1985 (1) Scale 1044, 1985 (3) SCC 1, 1985 (3) SCR 995, 1985 ALJ 887, 1985 All