1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.940 OF 2008 Shabbir Vlimohammed Sabbuwala. ...Petitioner. vs. 1.The State Government of Maharashtra & ors. ...Respondents. --- Dr.V.V.Tulzapurkar, Sr. Advocate i/b. Mr.M.S.Karnik, for Petitioner. Ms.S.S.Bhende, AGP for Respondent nos.1 & 2. Ms.A.R.S.Baxi, for Respondent no.3. CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 7th November,2009 P.C.:- 1. Rule returnable forthwith. Heard finally by consent of parties. 2 2. The facts that are material and relevant for deciding this petition are that a notification under Section 4 of the Land Acquisition Act dated 1.4.1997 was issued in relation to acquisition of several lands. So far as the petitioner is concerned, his land is in Survey no.23/8/1 of Village Kondwa (Budruk), Taluka Haveli, District Pune. Admittedly his land was not included in the notification issued under Section 4 of the Land Acquisition Act. On 1.2.2000, a corrigendum was issued amending the original Notification dated 1.4.1997. Now it was declared that the intention is to acquire the land from Survey no.23 of Village Kondwa Budruk, Taluka Haveli, District Pune which included petitioner s land. Though the corrigendum was issued on 1.2.2000, it was published in the Official Gazette on 2.3.2000. It was published in Newspaper Kesari and Prabhat on 1.6.2000. It is common ground that even before the corrigendum amending Section 4 Notification so as to include the land of the petitioner was published in Official Gazette and the Newspapers, notification under Section 6 was issued on 16.2.2000. It was published in the 3 Official Gazette on 2.3.2000 and it was published in Newspapers on 1.3.2000, 1.6.2000 and it was published on site on 12.5.2000. Thus, it clearly emerges from the record that the notification under Section 6 acquiring the land of the petitioner was issued without publishing the notification under Section 4 in the Official Gazette, because the amended notification under Section 4 was published in the Official Gazette on 2.3.2000 and it was published in Newspapers on 1.3.2000 and 1.6.2000. It is settled Law that the purpose of issuing notification under Section 4 is to give notice to the landholders, whose land are likely to be acquired, of the intention of compulsorily acquiring their land and to give them an opportunity of raising objection so that an inquiry under Section 5A of the Act can be held. Therefore, mere issuance of notification under Section 4 is not enough, it has also to be published in Official Gazette and Newspaper as required by law. In the present case, as admittedly, the notification under Section 6 was made even before the notification under Section 4 was published in the Official Gazette and 4 Newspaper, in our opinion, the notification made under Section 6 is contrary to the mandatory provisions of the Land Acquisition Act and therefore, it has to be set aside. 3. It appears that on the basis of the notification issued under Section 6, even Award has been made on 14.6.2000. Obviously, as the notification issued under Section 6 in relation to the petitioner s land itself was not valid, there is no question of the Award made on the basis of that notification in so far as the petitioner s land is concerned being valid. The petition, therefore, succeeds and is allowed. The Notification under Section 6 in so far as it relates to the land of the petitioner and the consequent Award in relation to the land of the petitioner are set aside. Petition is disposed of accordingly. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)