The publication of the substance of the notification in the locality within the statutory period of 21 days is a mandatory requirement under Section 4 (1) of the Land Acquisition Act. Non-compliance with this requirement renders the notification invalid and all subsequent land acquisition proceedings void.

ORDER:- These are two writ petitions challenging the land acquisition proceedings taken by the Collector. Saharanpur, for acquiring land for purposes of extension and development of Har Ki Pairi at Hardwar and for widening the road in front of Har Ki Pairi, Hardwar. Two notifications, one dated 18th July, 1973, and the other dated 5th July, 1973, issued by the Collector of Saharanpur, were published in the Gazette dated 4th August, 1973, under Section 4 (1) of the Land Acquisition Act. The proceedings initiated under these two notifications have been impugned in these two writ petitions.

2. In Writ Petition No. 6843 of 1973, there are 24 petitioners including Smt. Kamal Rani whose property which includes land and building, is sought to be acquired by the Collector for the purposes of extension and development of Har Ki Pairi. Smt. Dayawati and Smt Krishnawati are two petitioners in Writ Petition No. 7423 of 1973. Their land and building standing thereon is sought to be acquired under the impugned notification dated 5th July, 1973, for the purpose of widening the road in front of Har Ki Pairi from Tonga Stand to J. K. House. The Gazette notifications on 4th August, 1973, invited objections from the affected persons under Section 5-A of the Act but the publication of the substance of the gazette notification in the locality was made on 38th and 29th August, 1973. Individual notices were also served on the petitioners. The petitioners filed objections which were considered and a report was submitted to the State Government under Section 5-A of the Act. Meanwhile the petitioners filed the present writ petitions challenging the validity of the land acquisition proceedings. During the pendency of the writ petitions, notifications under Section 6 were issued and published in the extraordinary U. P. Gazette in December and January.

3. Sri S. J. Hyder, learned counsel for the petitioners, has urged that Section 4 (1) of the Land Acquisition Act, 1894, was not complied with in the present case inasmuch as the substance of the notifications published in the official gazette was not given publicity in the locality. Therefore the notifications issued under Section 4 (1) were invalid and the petitioners' land or building could not legally be acquired. Section 4 (1) and Section 5-A of the Land Acquisition Act, as amended in its application to Uttar Pradesh, are in the following words :-

"4 (1). Whenever it appears to the appropriate Government or the Collector that land in any locality is needed or is likely to be needed for any public purpose, 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.

5-A. Any person interested in any land which has been notified under Section 4, sub-section (1) as being needed or likely to be needed for a public purpose or for a Company may, within 21 days after the issue of the notification, object to the acquisition of the land or of any land in the locality, as the case may be." Section 4 (1) requires publication of notification in the gazette indicating the intention of the Government or the Collector that the land is needed for a public purpose and it further requires that a notice of substance of such notification should be given at convenient places in the locality. The State Government of Uttar Pradesh has framed Rules in this respect, which are contained in paragraph 415 of the U. P. Revenue Manual which lay down mode of publication in the locality. According to that provision the substance of the notification issued under Section 4 (1) is required to be published in the locality by posting notices at the convenient places in the locality and by proclamation by beat of drum in the locality and if possible notice of the notification should also be served on the affected persons whose property is likely to be needed for public purpose. Thus two th