- (1.) In this petition and the other group of petitions connected with this petition, the Petitioner has challenged the notifications dated 21-8-1985 issued under Section 4 of the Land Acquisition Act (herein-after referred to as 'the Act') and dated 28-8-1985 issued under Section 6 of the Act for the purpose of establishing the Housing Colony in the city of Meerut. It is necessary to state few relevant facts in order to decide the controversy in these petitions. The notification under Section 4 of the Act was issued on 21-8-1985. The notification under Section 6 of the Act was issued on 28-8-1985. On 2-9-1985, the notification under Section 4 of the Act was published in the daily newspapers. On 3/4-9-1985 the notification under Section 6 was published in the daily newspapers. On 5-9-1985 public notice of the substance of the notification was given in respect of both the notifications under Sections 4 and 6 of the Act.
(2.) When the petition was filed, the Petitioners had challenged the notification under Section 6 of the Act on the ground that notification under Section 6 of the Act could only be issued after the date of the publication of the notification under Section 4(1) of the Act. The case set up was that since the notification under Section 4 of the Act should be deemed to have been published on 5th of Sept. 1985, which is a date subsequent to the issue of notification under Section 6 of the Act dated 28-8-1985, the notification under Section 6 of the Act is wholly invalid and consequently, the entire acquisition proceedings are liable to be set aside. Section 17(4) of the Act reads as follows : In the case of any land to which, in the opinion of the (appropriate Government), the provisions of sub-Section (1) or sub-Section (2) are applicable, the (appropriate Government) may direct that the provisions of Section 5-A shall not apply, and, if it does so direct, a declaration may be made under Section 6 in respect of the land at any time (after the date of the publication of the notification) under Section 4, sub-Section (1) Sub-Section (4) of Section 17 quoted above clearly lays down that a declaration under Section 6 of the Act. in respect of the land sought to be acquired has to be made any time after the date of publication of the notification under Section 4 of the Act. On the face of it, therefore, in view of sub-Section (4) of Section 17 of the Act, a notification under Section 6 having been issued prior to the publication of the notification under Section 4 of the Act, the notification under Section 6 of the Act would have been clearly invalid.
(3.) During the pendency of this writ petition, sub-Section (4) of Section 17 of the Act came up for interpretation before the Hon'ble Supreme Court in the case of State of Uttar Pradesh v. Radhey Shyam Nigam., 1989 AIR(SC) 682. In this case the Hon'ble Supreme Court laid down that a declaration under Section 6 of the Act cannot be issued simultaneously with the notification under Section 4 of the Act but it has to be issued on a subsequent date after the publication of the notification under sub-Section (4) of Section 17 of the Act.;