Case: Lalrivenga  Vs. State Of Mizoram

the Act had been published in the Official Gazette and argued that in the absence of such publication, the Division Bench of the High Court was not justified in relying upon the publication of declaration issued under Section 6 in the Official Gazette for recording a finding that Section 4(1) notification must have been likewise published in the Official Gazette. Learned counsel emphasised that the Land Settlement Certificates issued in favour of the appellants could not have been declared invalid on the ground that the same were not sanctioned by the competent authority because vide order dated 18.1.1983, respondent No.2 had authorised the Assistant Settlement Officer-II to decide the applications made for grant of such certificate and the Settlement Officer who issued certificates in favour of the appellants was senior to the designated officer. Shri Mukherjee then argued that the prohibition contained in the Government order dated 14.6.1985 could not have been invoked in the appellants case because they had purchased land from a private individual, namely, Dangliana in 1984 and no allotment had been made in their favour by any public authority.11. Shri R.F. Nariman, learned Solicitor General fairly stated that the Official Gazette in which notification dated 14.5.1985 was published has not been produced either before the High Court or this Court, but argued that the appellants cannot claim compensation in lieu of the acquisition of land in question because the purchase made by them was contrary to the statutory rules and order dated 14.6.1985. Learned Solicitor General further argued that the Court may not interfere with the impugned judgment because the appellants had obtained Land Settlement Certificates by manipulations and the same were rightly cancelled by the State Government. 12. We have considered the respective submissions/arguments and carefully scrutinized the record. In our view, the reasons assigned by the Division Bench of the High Court for setting aside the order of the learned Single Judge are legally unsustainable. Section 4(1) of the Act, which provides for publication of preliminary notification, reads as under: “4. Publication of preliminary notification and powers of officers thereupon.-(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 or for a company a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such notification 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 the publication of the notification.” 13. A reading of the above reproduced provision makes it clear that the notification issued by an appropriate Government proposing the acquisition of land must be published in the Official Gazette and two daily newspapers having wide circulation in the locality of which at least one shall be in the regional language. Not only this, the Collector is under an obligation to ensure that public notice of the substance of such notification is given at convenient places in the locality. This Court has repeatedly held that the requirement of publication of notification in the Official Gazette and two local newspapers is mandatory. The Division Bench of the High Court upheld the acquisition of land by assuming that notification dated 14.5.1985 issued under Section 4(1) must have been published in the Official Gazette because the declaration issued under Section 6 was published in the Official Gazette. In our view, this approach of the High Court was clearly erroneous. The question whether the notification issued under Section 4(1) was published in the Official Gazette is a question of fact and such question cannot be decided on assumptions and conjectures or inferences. Whenever the acquisition of land is challenged on the ground that the notification has not been published as per the mandate of the statute, the authority defending the acquisition is under an obligation to produce evidence in the form of documents to prove that the requirement of publication has been complied. In the absence of such evidence, the Court cannot decide challenge to the acquisition proceedings by assuming that the particular notification had been published as per the requirement of law. In the present case, no material was produced before the High Court and none has been produced before this Court to show that notification dated 14.5.1985 issued under Section 4(1) of the Act had been published in the Official Gazette. Therefore, the High Court was not justified in declining relief to the appellants by assuming that the said notification must have been published in the Official Gazette because other notifications including the one issued under Section 6 was published in the Official Gazette.14. We also agree with Shri Mukherjee that the Land Settlement Certificates issued in favour of the appellants could not have been cancelled on the ground that the same were issued without the sanction or approval of the competent authority. The respondents have not controverted the appellants assertion that vide order dated 18.1.1983, respondent No.2 had authorised the Assistant Settlement Officer-II to process and decide the applications for grant of the Land Settlement Certificates. It is also not in dispute that the appellants had purchased land in 1984 and the Settlement Officer had issued the Land Settlement Certificates in 1987 after duly scrutinizing the applications made for that purpose. This action of the concerned officer was not in violation of order dated 14.6.1985 vide which allotment of land to private individuals was restricted/freezed along the main National Highway and the road leading to old Zokhawsang village which was earmarked for shifting of First Assam Rifles. Indeed, it was neither the pleaded case of the respondents before the High Court nor any evidence was produced to show that the land in question had been allotted to the appellants by any public authority.

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

Explanation:
1[ds]12. We have considered the respective submissions/arguments and carefully scrutinized the record. In our view, the reasons assigned by the Division Bench of the High Court for setting aside the order of the learned Single Judge are legally unsustainable. Section 4(1) of the Act, which provides for publication of preliminary notification, reads asPublication of preliminary notification and powers of officersWhenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose or for a company a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such notification 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 the publication of the notification.A reading of the above reproduced provision makes it clear that the notification issued by an appropriate Government proposing the acquisition of land must be published in the Official Gazette and two daily newspapers having wide circulation in the locality of which at least one shall be in the regional language. Not only this, the Collector is under an obligation to ensure that public notice of the substance of such notification is given at convenient places in the locality. This Court has repeatedly held that the requirement of publication of notification in the Official Gazette and two local newspapers is mandatory. The Division Bench of the High Court upheld the acquisition of land by assuming that notification dated 14.5.1985 issued under Section 4(1) must have been published in the Official Gazette because the declaration issued under Section 6 was published in the Official Gazette. In our view, this approach of the High Court was clearly erroneous. The question whether the notification issued under Section 4(1) was published in the Official Gazette is a question of fact and such question cannot be decided on assumptions and conjectures or inferences. Whenever the acquisition of land is challenged on the ground that the notification has not been published as per the mandate of the statute, the authority defending the acquisition is under an obligation to produce evidence in the form of documents to prove that the requirement of publication has been complied. In the absence of such evidence, the Court cannot decide challenge to the acquisition proceedings by assuming that the particular notification had been published as per the requirement of law. In the present case, no material was produced before the High Court and none has been produced before this Court to show that notification dated 14.5.1985 issued under Section 4(1) of the Act had been published in the Official Gazette. Therefore, the High Court was not justified in declining relief to the appellants by assuming that the said notification must have been published in the Official Gazette because other notifications including the one issued under Section 6 was published in the Official Gazette.14. We also agree with Shri Mukherjee that the Land Settlement Certificates issued in favour of the appellants could not have been cancelled on the ground that the same were issued without the sanction or approval of the competent authority. The respondents have not controverted the appellants assertion that vide order dated 18.1.1983, respondent No.2 had authorised the Assistant Settlementto process and decide the applications for grant of the Land Settlement Certificates. It is also not in dispute that the appellants had purchased land in 1984 and the Settlement Officer had issued the Land Settlement Certificates in 1987 after duly scrutinizing the applications made for that purpose. This action of the concerned officer was not in violation of order dated 14.6.1985 vide which allotment of land to private individuals was restricted/freezed along the main National Highway and the road leading to old Zokhawsang village which was earmarked for shifting of First Assamit was neither the pleaded case of the respondents before the High Court nor any evidence was produced to show that the land in question had been allotted to the appellants by any public authority.