S.N.Sahay, J. - (1.) THIS is a petition to quash two notifications issued by the State Government under the Land Acquisition Act, 1894. The first notification, dated 9th August, 1987 was issued under Section 4 and the second notification, dated June 17, 1988 was issued under Section 6 of the Act. Certain plots of land described in the said notifications, situate in village Bhitauli Khurd and Muttakipur, Pargana and District Lucknow are being acquired for the establishment of Indian Institute of Management, Lucknow. It is contended by the learned counsel for the petitioner that the declaration under Section 6 has been made after the expiry of the mandatory period of one year from the date of publication of notification under Section 4 and, therefore, the aforesaid notifications are invalid and liable to be quashed. In support of this contention, the learned counsel has relied on the fact that the declaration under Section 6 was published on January 10, 1989 in 'Navjiwan', a daily newspaper, published from Lucknow.
(2.) IT will appear from a perusal of Section 4(1) that 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 in two daily newspapers circulating in that locality of which atleast one shall be in the regional language and the Collector shall cause public notice to the substance of such notification to be given at convenient places in the said locality. It is further provided that the last of the dates of such publication and the giving of such public notice shall be referred to as the date of publication of the notification, After the publication of the notification under Section 4, there is a provision for hearing under Section 5A of objections, which may be preferred by any person interested, with regard to the proposed acquisition of the land. The enquiry under Section 5A. however, may be dispensed with in case of urgency in accordance with the provisions of Section 17. Then comes Section 6 which reads as follows: 6. Declaration that land is required for public purpose - -(1) Subject to the provisions of Part VII of this Act (when the appropriate Government) is satisfied, after considering the report, if any, made under Section 5A, sub -section (2) that any particular land is needed for a public purpose, or for a company, a declaration shall be made to that' effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders (and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under Section 4, Sub -section (1), irrespective of whether one report or different reports has or have been made (wherever required) under Section 5A, Sub -section (2): Provided that no declaration in respect of any particular land covered by a notification under Section 4, sub -section (1) - - (i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of 1967), but before the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of three years from the date of the publication of the notification; or (ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification: Provided further that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or wholly or partly out of public revenue or some fund controlled or managed by a local authority. Explanation 1 - -In computing any of the periods referred to in the first proviso, the period during which any action or proceeding to be taken in pursuance of the notification issued under Section 4, sub -section (1), is stayed by an order of a Court shall be excluded. Explanation 2 - -Where the compensation to be awarded for such property is to be paid out of the funds of a corporation owned or controlled by the State, such compensation shall be deemed to be compensation paid out of public revenue., (2) Every declaration shall be published, in the Official Gazette, and in two daily newspapers circulating in the locality in which the land is situate of which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the declaration and such declaration shall state) the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and where a plan shall have been made of the land, the place where such plan may be inspected. (3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after making such declaration, the (appropriate Government) may acquire the land in manner hereinafter appearing.
(3.) ACCORDING to the provision of sub -section (1) of Section 4 the notification which is issued thereunder is to' be published in the Official Gazette and in two daily newspapers and public notice of the substance of such notification is to be given at convenient places in the locality. In other words, the mode of issuing the notification is publication of the notification in the Gazette and two daily newspapers in the locality and the giving of public notice of the substance of the notification in the locality. In order to make certain as to what will be regarded as the date of publication of the notification, it is provided that the last of the dates of such publication and the giving of such public notice shall be deemed to be the date of the publication of the notification.;