Case: Eugenio Misquita &amp; Others Vs. State of Goa &amp; Others

language used in the Act or, applying the test of Mischief Rule of interpreting the Statute, or looking from the point of view of legislative intention, the conclusion is irresistible that the act of making it known public, in official manner and, that act has to be performed within a period of one year from the date of notification under S.4(1). The act of making declaration known in the official manner has been prescribed under S.6(2) of the Act. The principle is well settled that where any statutory provision provides a particular manner for doing particular act, then, that thing or act must be done in accordance with the manner prescribed. Therefore, the act of making declaration of Governments satisfaction in regard to the requirement of the particular land for any public purpose is complete only when the same is made known by publishing the said satisfaction in the manner prescribed under S.6(2), for the purpose of further proceedings in the matter of land acquisition, in terms of the other provisions of the Act. It is only after the publication of the declaration in the manner prescribed under S.6(2) that it becomes a declaration which is conclusive proof of the fact that land is needed for public purpose and it is only `making of such declaration, which furnishes conclusive proof of such satisfaction that authorises the appropriate Government to acquire land in the manner thereafter provided under the Act. It is only after making such declaration that the appropriate Government can issue directions to the Collector to take orders for acquisition of land under S.7 of the Act. It is only after making of such declaration which includes publication thereof also, that provisions of S.11-A becomes effective in suppressing the mischief of which it has been enacted.Summing up of aforesaid discussion, is that making of a declaration u/s 6(1) within its ambit includes the act of making the document of declaration known or published officially. Sub-sec. (2) of S.6 provides only the modes of publication of declaration in all the modes prescribed under S.6(2) has to be made within the period prescribed under S.6(1)." 13. The learned Judge of the Rajasthan High Court is right to a limited extent when he observed: `the conclusion is irresistible that the act of `making declaration by the appropriate Government that any particular land is needed for public purpose, include the act of making it known public, in official manner and, that act has to be performed within a period of one year from the date of notification under S.4(1)." However, the learned Judge erred in holding thus: "It is only after the publication of the declaration in the manner prescribed under S.6(2) that it becomes a declaration which is conclusive proof of the fact that the land is needed for public purpose and it is only "making of such declaration", which furnishes conclusive proof of such satisfaction", because there is nothing in the Statute to suggest by publishing in the Official Gazette the `making of declaration has not been achieved nor is there anything in the Statute to show that the modes of publications prescribed under Section 6(2) notwithstanding the express language used in that Section about which we have already pointed out, namely, `hereinafter those modes also govern the publication at the prior stage, namely, under Section 6(1). 14. Therefore, we hold that the judgment of the Rajasthan High Court does not correctly lay down the law. 15. In State of Haryana &Anr. Vs. Raghubir Dayal, this Court had occasion to consider the effect of failure to publish the substance of the declaration under Section 6 in the locality. This Court in that context held thus:- "The purpose of publication of the declaration is to give effect to the conclusiveness of the extent of the land needed for the public purpose or for a company as made under Section 6(3) of the Act. Since there is an opportunity already given to the owner of the land or persons having interest in the land to raise their objections during the enquiry under Section 5- A, or otherwise in case of dispensing with enquiry under Section 5-A unless they show any grave prejudice caused to them in non-publication of the substance of the declaration under Section 6(1), the omission to publish the substance of the declaration under Section 6(1) in the locality would not render the declaration of Section 6 invalid. We are not intending to say that the officer should not comply with the requirement of law and it is their duty to do it. But their dereliction to do so per se does not render the declaration under Section 6 illegal or invalid." * 16. The above view of this Court lends support to the view that for the purpose of calculating the limitation prescribed under proviso to Section 6(1)(ii), it is not the last of the publication in the series that should be taken into account, but the publication that was made in the first instance under Section 6. 17. In the light of the law laid down by this Court, we have no hesitation to hold that the declaration published under Section 6 of the Act was well within one year and the challenge to the same has been rightly rejected by the High Court. However, the view taken in the judgment of the High Court under appeal that the relevant date for reckoning the period of limitation will be the date of making of the declaration under Section 6, may not be correct. As held in Krishi Utpadan Mandi Samitis case, mere making of declaration is not enough. The making of declaration under Section 6 is complete for the purpose of Proviso to Section 6(1)(i) &ii) when it is published in the official gazette.On facts we have seen that the Notification was lastly published on 6.8.92 in the Official Gazette and declaration under Section 6 was published in the Gazette on 5.8.93 which is well within one year. 18.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]It is now well settled that the last of the dates in the series of the publications made under Section 4 (1) of the Act is the relevant date to reckon the starting point of limitation for the purpose of proviso to Section 6(1) (ii). Now, the question is which is the relevant date to reckon the last date for the purpose of proviso to Section (1) (ii). In other words, whetherthe modes of publication prescribed under Section 6(2) obviously for the purpose of reckoning limitation under Section 11-A of the Act have any part to play in the matter of computing the period prescribed under proviso to Sectionseen from the above extracts of relevant provisions, while Section 4(1) commands publication of notification under that Section. Section 6 speaks of the declaration being made to the effect that any particular land is needed for public purpose or for a company. There are judicial decisions that have interpreted the word `made to mean `published for the reasons stated in those decisions. Therefore, strictly speaking, but for those decisions. Therefore, strictly speaking, but for those judicial decisions the date of making of the declaration under Section 6(1) will be the relevant date for reckoning the period of limitation. However, in the interest of general public, the courts have taken the view that the declaration made will stand accomplished only when it is published. This publication has, therefore, nothing to do with the publication referred to in Section 6(2) of the Act which is for a different purpose, inter alia, for reckoning the limitation prescribed under Section 11-A of the Act. This construction is supported by the language employed in Section 6(2) of the Act. In particular, the word "hereinafter" used in Section 6(2) will amply prove that the last of the series of the publication referred to under Section 6(2) is relevant for the purposes coming thereafter, namely, for making award under Section 11-A. The language employed in second proviso to Section 6 (1) also supports this construction. Therefore, the contention of learned counsel cannot belearned Judge of the Rajasthan High Court is right to a limited extent when he observed: `the conclusion is irresistible that the act of `making declaration by the appropriate Government that any particular land is needed for public purpose, include the act of making it known public, in official manner and, that act has to be performed within a period of one year from the date of notification under S.4(1)." However, the learned Judge erred in holding thus: "It is only after the publication of the declaration in the manner prescribed under S.6(2) that it becomes a declaration which is conclusive proof of the fact that the land is needed for public purpose and it is only "making of such declaration", which furnishes conclusive proof of such satisfaction", because there is nothing in the Statute to suggest by publishing in the Official Gazette the `making of declaration has not been achieved nor is there anything in the Statute to show that the modes of publications prescribed under Section 6(2) notwithstanding the express language used in that Section about which we have already pointed out, namely, `hereinafter those modes also govern the publication at the prior stage, namely, under Sectionwe hold that the judgment of the Rajasthan High Court does not correctly lay down theabove view of this Court lends support to the view that for the purpose of calculating the limitation prescribed under proviso to Section 6(1)(ii), it is not the last of the publication in the series that should be taken into account, but the publication that was made in the first instance under Sectionthe light of the law laid down by this Court, we have no hesitation to hold that the declaration published under Section 6 of the Act was well within one year and the challenge to the same has been rightly rejected by the High Court. However, the view taken in the judgment of the High Court under appeal that the relevant date for reckoning the period of limitation will be the date of making of the declaration under Section 6, may not be correct. As held in Krishi Utpadan Mandi Samitis case, mere making of declaration is not enough. The making of declaration under Section 6 is complete for the purpose of Proviso to Section 6(1)(i) &ii) when it is published in the official gazette.On facts we have seen that the Notification was lastly published on 6.8.92 in the Official Gazette and declaration under Section 6 was published in the Gazette on 5.8.93 which is well within one year.