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2011 Supreme(Mad) 80
Madurai Bench of Madras High Court
M. VENUGOPAL
V. Rajendran
Versus
The Government of Tamil Nadu, represented by its Secretary & Others
W.P(MD)No.7575 of 2005 & W.P.M.P.(MD)No.8216 of 2005
Decided On :Decided on: 06-01-2011
For the Petitioner:A. Haja Mohideen, Advocate.
For the Respondent:D. Sasikumar, Govt. Advocate.
The validity of the Section 4(1) notification and the Section 6 declaration under the Land Acquisition Act, 1894 hinges on compliance with the prescribed time limits and the distinction between 'declaration' and 'publication'.
Headnote:
Land Acquisition - Validity of Section 4(1) and Section 6 Declaration - Land Acquisition Act, 1894 - [Land Acquisition] - [Section 4(1), Section 6] - The court discussed the validity of the Section 4(1) notification and the Section 6 declaration under the Land Acquisition Act, 1894. It highlighted key legal provisions such as the mandatory publication of the notification, the distinction between 'declaration' and 'publication', and the time limit for making the declaration under Section 6. The court emphasized that a valid Section 4(1) notification is a condition precedent to the making of a Section 6(1) declaration and concluded that the Section 6 declaration in the case was invalid and inoperative, quashing it and allowing the writ petition in the interest of justice.
Fact of the Case:
The petitioner sought to quash the notification under Section 4(1) of the Land Acquisition Act and the declaration under Section 6, contending that the Section 6 declaration was made more than one year and 8 days after the Section 4(1) notification, rendering all further proceedings illegal and unconstitutional.
Finding of the Court:
The court found that the Section 6 declaration was invalid and inoperative due to being published after the lapse of the prescribed time limit, and accordingly allowed the writ petition in the interest of justice.
Issues: Validity of Section 4(1) notification and Section 6 declaration under the Land Acquisition Act, 1894.
Ratio Decidendi: A valid Section 4(1) notification is a condition precedent to the making of a Section 6(1) declaration. The time limit for making the Section 6 declaration must be adhered to, and the distinction between 'declaration' and 'publication' is crucial.
Final Decision: The writ petition was allowed, and the Section 6 declaration was quashed, with the option for the Government to issue a fresh valid declaration as per Section 6 of the Land Acquisition Act, 1894.
1. The petitioner has filed this writ petition seeking a Writ of Certiorari calling for the records relating to the notification under Section 4 (1) of the Land Acquisition Act issued under G.O.(3D)No.36, dated 01.06.1995 by the second respondent published in the Gazette on 28.06.1995 and the declaration under Section 6 of the Act issued under G.O.(3D)No.54 dated 04.07.1996 by the first respondent published in the Gazette on 05.07.1996 and quash all the proceedings.
2. It is the contention of the learned Counsel for the petitioner that the petitioner is the owner of the land measuring an extent of 5 cents in Survey No.283/3A2 at Kattuparamakudi Village, Paramakudi Village, Paramakudi Taluk, Ramnad District. The petitioner has purchased the land by means of a sale deed dated 06.01.1993 for a valid sale consideration from one Haj Mohamed, s/o.A.Kasim Rawther of Paramakudi Town.
3. The learned Counsel for the petitioner urges before this Court that the notification as per Section 4(1) of the Land Acquisition Act, 1894, has been issued under G.O.(3D)No.36 dated 01.06.1995 and the same has been published in the newspaper on 01.07.1995 and the said notification has been published in the Gazette on 28.06.1995.
4. According to the learned Counsel for the petitioner, the declaration as per Section 6 of the Land Acquisition Act, 1894, has been made as per G.O(3D)No.54 dated 04.07.1996 and the same has been published in the Gazette on 05.07.1996.
5. The contention of the learned Counsel for the petitioner is that as per Section 6(2) of the Land Acquisition Act, 1894, the declaration that the land is required for a public purpose must be published after the commencement of the Land Acquisition Act, 1894, after expiry of one year from the date of publication of notification under Section 4(1) of the Land Acquisition Act, 1894 and in the present case on hand, Section 6 declaration as per the Land Acquisition Act, 1894, has been published on 05.07.1996 in the Gazette which is more than one year and 8 days from the date of publication of Section 4(1) notification in the Gazette on 28.06.1995 and therefore, all further proceedings are illegal and unconstitutional.
6. It is to be noted that the aim of a notification as per Section 4 of the Land Acquisition Act, 1894, is to give a public notice that it is proposed to acquire the land stated in the notification and any individual who deals in respect of that land subsequent to the notification will do so at his own risk as per the decision of the Honourable Supreme Court in Lila Ram v. Union of India reported in (1975) 2 SCC 547. A notification as per Section 4 of the Land Acquisition Act, 1894, fulfills two objectives; (i) It is a public announcement by the concerned Government and further a public notice by the Collector in respect of the land being needed or likely to be needed by the Government for a public purpose. (ii) It authorises the Officers of a local authority or the departmental Officers or a company to survey and do further acts by entering into the land. A notification as per Section 4 of the Land Acquisition Act, 1894, cannot be invalidated for non-compliance of Section 6 of the Land Acquisition Act, 1894, as per the decision of the Honourable Supreme Court in State of Haryana v. Raghubir Dayal reported in (1995) 1 SCC 133.
7. As a matter of fact, a valid notification as per Section 4(1) of the Land Acquisition Act, 1894, is a condition precedent to the making of a declaration as per Section 6(1) of the Act as per the decision of the Honourable Supreme Court in Somawanti Bai v. State of Punjab reported in AIR 1963 SC 151.
8. It is not out of place for this Court to make a significant mention that the publication of the notification in the Official Gazette as per Section 4 of the Land Acquisition Act, 1894, is a mandatory requirement for initiating acquisition proceedings. Without such publication falling back upon the other modes of publication will have little eff
