Publication in the official gazette is the sine qua non of a notification envisaged under Sec. 4 of the Land Acquisition Act, 1894.

S.S.SANDHAWALIA, J.

1. Whether publication in the official gazette is the sine qua non of a notification envisaged under Sec. 4 of the Land Acquisition Act, 1894 is the core question in this reference to the Full Bench.

2. The respondent-State of Punjab framed a draft notification on Feb, 28, 1980, for the purposes of the acquisition of land measuring 30 Kanals 13 marlas for the public purpose of the construction of a 130 K.V. sub-station at Bhogpur. It would appear that before the said draft notification could be published in the gazette, an entry was recorded in the roznamcha on Mar. 19, 1980 to the effect that publication by beat of drum had been done in the locality by the chaukidar that any owner having any objection with regard to the acquisition could file objections against the same within 30 days up to Mar. 29, 1980. (Sic) Latter, on Mar. 21, 1980, the notification was published in the official gazette wherein also it was directed that objections could be filed within 30 days of the publication of the said notification in writing before the Land Acquisition Collector of the State Electricity Board, Patiala.

3. The present writ petition was preferred to challenge the aforesaid acquisition primarily on the ground that there had been no, public notice of the substance of the notification published in the gazette either simultaneously or thereafter and indeed herein the admitted position being that the purported Publication within the locality had been done two days prior to the date of the publication of the notification itself, namely: March 21, 1980. Since reliance on behalf of the petitioners was placed on an earlier judgment of this Court, the writ petition was admitted to hearing by the Division Bench.

4. When this writ petition came up for hearing before my learned brother S.P. Goyal, J. and myself a frontal challenge to the correctness of the view in Battan Singh V/s. State of Punjab. 1981 Pun LJ 375 was raised and in view of the significance of the question involved, the matter was referred for an authoritative decision by the Full Bench.

5. Inevitably, the language of Sec.4 of the Land Acquisition Act. 1894 (hereinafter called the Act) would provide the best clue for the answer to the questions arising herein and the relevant part thereof may hence be quoted for facility of reference:-

"4. 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, a notification to that effect shall be published in the Official. Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.

(2) Thereupon it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen- to enter upon and survey and take levels of any land in such locality;

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Now what does the word notification employed in sub-section (1) of Sec.4 of the Act precisely connotes? Does it mean the mere decision or order of the appropriate government with regard to the need for the acquisition for a public purpose, or does it necessarily imply a formal declaration and publication thereof in the official gazette, as prescribed by Sec.4 of the Act.

6. The word notification has not been defined in Sec.3 of the Act nor does it find place in the Central General Clauses Act, 1898. One must consequently turn to the ordinary dictionary meaning of the words `notify and notification. In Webster New International Dictionary, the word `notify , means:-

To make known, to declare: to publish, and notification ; is the act of notifying a written or printed matter which gives notice. In Shorter Oxford English Dictionary, the word notify means: - To make known, publish, proclaim, to announce, e. g: The King. Therefore, notified to the country his i