Appeal No 2461 of 1968
Appeal by certificate from the judgment and order dated June 6 1968 of the Mysore High Court in WP No 769 of 1966
section V Gupte for the appellant
Respondent did not appear
857 The Judgment of the Court was delivered by Hegde J
This appeal arises from certain land acquisition Proceedings
The Government of Mysore notified the lands belonging to the respondent for acquisition
The notification under section 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 article 13 3  1  b of the Constitution
We shall now read section 41 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
Now we may turn to section 5A1 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 section 5A1
With the above background we have to consider the scope of section 41
Under certain circumstances publication in the Official Gazettes are presumed to be notice to all concerned
858 But in the case of a notification under section 4 of the Land Acquisition Act the law has prescribed that in addition to the publication of the notification in the Official Gazette the Collector must also give publicity of the substance of the notification in the concerned locality
Unless both these conditions are satisfied section 4 of the Land Acquisition Act cannot be said to have been complied
The publication of the notice in the locality is a mandatory requirement
It has an important purpose behind it
In the absence of such publication the interested persons may not be able to file their objections about the acquisition proceedings and they will be deprived of the right of representation provided under section 5A which is very valuable right
This very question came up for consideration before the High Court of Mysore in Gangadharaiah vs State of Mysore and Ors1 and the High Court ruled that section 41 requires that there should both be a notification in the gazette as also a public notice in the locality in which the property proposed to be acquired is situate
It is only when the notification is published in the Official Gazette and it is accompanied by or immediately followed by the public notice that a person interested in the property proposed to be acquired can be regarded to have had notice of the proposed acquisition
We are entirely in agreement with the rate laid down by that decision
The impugned notification has not complied with the require ment of the law  Hence the High Court was justified in quashing the proceedings taken
In the view that we have taken it is not necessary for us to consider either the applicability or the scope of the Mysore Act 17 of 1961 to the present proceedings
In the result the appeal fails and the same is dismissed Me respondent is not represented before this Court
Hence there will be no order as to costs
GC Appeal dismissed


Summary:
A notification under section 4 of the Land Acquisition Act 1894 in respect of land belonging to the respondent was published in the official gazette of the Government of Mysore on August 17 1961
But no notice as required by that section were published in the locality till November 1 and 19 of 1961
Under section 5A of the Act the time limited for filing objections is thirty days from the issue of the notification
The respondent filed his objections only on December 4 1961
In his writ petition under Article 226 of the Constitution the respondent contended that the notice under section 4 was invalid
The High Court upheld the contention and quashed the impugned notification
The State of Mysore appealed to this Court with certificate
HELD Under certain circumstances publication in the official gazette is presumed to be notice to all concerned
But in the case of a notification under 4 of the Land Acquisition Act the law has prescribed that in addition to the publication of the notification in the official gazette the Collector must also give publicity to the substance of the notification in the concerned locality
Unless both these conditions are satisfied section 4 of the Land Acquisition Act cannot be said to have been complied with
no publication of the notices in the locality is a mandatory requirement
In the absence of such publication the interested persons may not be able to file their objections about the acquisition proceedings and they will be deprived of the right of representation provided under section 5A which is a valuable right
Under section 4 it is only when the notification is published in the official gazette and it is accompanied by or immediately followed by Public notice that a person interested in the property proposed to be acquired can be regarded to have had notice of the proposed notification857H 858D The impugned notification did not comply with the requirement of the law since it was not accompanied by or immediately followed by public notice
The High Court was therefore justified in quashing the proceedings taken
858E The appeal must accordingly fail
Gangadharaih vs State of Mysore  Ors 1961 Mys
LJ 883 referred to