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1997 Supreme(Mad) 770

S.C.SHIVAPPA, AKBAR BHASHA KHADIRI
The Government of Tamil Nadu, rep. by its Secretary, Home Department, Fort St. George, Madras and another – Appellant
Versus
M. Natarajan – Respondent


Advocates:
Mr. M.K. Hidayathulla, Additional Government Pleader for Appellants.

Judgment :

C. Shivappa, J.

1. This appeal is directed against the order of the learned single Judge, dated 26. 1992, passed in W.P. No. 14563 of 1990.

2. A Division Bench of this Court, in Government of Tamil Nadu Rep. by its Secretary, another v. S. Jayaraman, 1992 (1) L.W. 326, has held that the delay between the publication of Section 4(1) notification in the of ficial gazette and the public notice of the substance at convenient places of the locality should not exceed two months. If it exceeds two months, it is liable to be questioned.

3. The contention of the learned Government Pleader is that there is no statutory rule of limitation regarding the publication of notice provided under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) and, therefore, discretion should have been exercised only in favour of the validity of the notification . There must be continuity of action in the publication of Section 4 (1) notification in the of ficial gazette and in the newspapers, and also in giving public notice of the substance at convenient places in the locality. If there is any long delay or break in the continuity, in any individual case, it may defeat


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