Hegde, J. - (1.) This appeal arises from certain land acquisition proceedings. The Government of Mysore notified the lands belonging to the respondent for acquisition. The notification under S. 4 of the Land Acquisition Act, 1894, was published in the official gazette on August 17, 1961, but no notices as required by that section were published in the locality till November 1 and 9, 1961. The respondent filed his objections only on December 4, 1961. The question for consideration is whether the notification issued under Section 4 is a valid notification. The respondent challenged the validity of the notification before the High Court of Mysore by means of a writ petition under Article 226 of the Constitution. The High Court came to the conclusion that the impugned notification was invalid and consequently quashed the same. As against that decision this appeal has been brought after obtaining certificate under Art. 133 (1) (b) of the Constitution.
(2.) We shall now read S. 4 (1) of the Land Acquisition Act, 1894. It says: " 4. (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." The section prescribes two requirements, namely, (1) a notification to be published in the Official Gazette, and (2) the Collector causing to give public notice of the substance of that notification at convenient places in the concerned locality.
(3.) Now, we may turn to S. 5A (1) of the Act which says: " 5A. (1) 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 thirty 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 5A empowers the interested person to object to the acquisition of any land but his objection should be filed within thirty days from the date of the issue of the notification. Any objection filed thereafter need not be considered as the same is filed after the time stipulated in S. 5A (1).;