Case: Special Deputy Collector Vs. J. Sivaprakasam

served on him, if the person appears before the authority on that date or participates in the subsequent proceedings, then the person can be said to have implied notice.21.3 Notice arising by presumption of law from the existence of certain specified facts and circumstances is constructive or deemed notice. For example, any person purchasing or obtaining a transfer of an immovable property is deemed to have notice of all transactions relating to such property effected by registered instruments till the date of his acquisition. Or, where the statute provides for publication of the notification relating to a proposed acquisition of lands in the Gazette and newspapers and by causing public notice of the substance of the notification at convenient places in the locality, but does not provide for actual direct notice, then such provision provides for constructive notice; and on fulfilment of those requirements, all persons interested in the lands proposed for acquisition are deemed to have notice of the proposal regarding acquisition.Re : Question (ii) : Validity of the acquisition22. The copy of the communication dated 31.3.2004 sent by the Director of Information and Tourism (Advertisement) Department in Tamil Nadu shows that between 1998 to 2000 “Madurai Mani” had a circulation of 6200, 4675, 5200 and 3100 in Central Madras, South Madras, North Madras and Tambaram areas and “Kadiravan” had a circulation of 42,000 to 48,000 in Chennai area. On the other hand the material produced by the respondents show that the total circulation of regional newspapers in Chennai was around a million, that several regional newspapers had circulations varying between 80,000 to 2,00,000 in Chennai, and the Madurai Mani with a Chennai circulation of 28465, had a market share of 3% out of the total circulation of regional newspapers. ‘Kadiravan’ also apparently had a market share of 4% before its closure. The two newspapers were not therefore newspapers having no circulation in the locality. We however agree, having regard to the circulation figures, with the finding of the High Court that the newspapers did not have a reasonably wide circulation in the locality.23. As both Madurai Mani and Kadiravan were sold and circulated in Chennai and as a good chunk of their total circulations was in Chennai, it may not be possible to hold that the said newspapers were not ‘regional daily newspapers circulating in the locality’. Nor will it be possible to invalidate the entire acquisition on the ground that the publication in the said two newspapers did not fulfil requirement of publication in ‘newspapers circulating in that locality’. But if the respondents are able to assert and demonstrate that as a consequence, they were denied the opportunity of participating in the inquiry under Section 5A, or show any other disadvantage, they may be able to achieve the object of showing that the acquisition proceedings were vitiated in so far as their lands were concerned.24. In this case respondents 1 to 11 have challenged the acquisition. Respondents 5 to 11 specifically admitted that they received a notice dated 9.6.1999 from the appellant herein calling upon them to appear before him in the Section 5A inquiry under the Land Acquisition Act. Respondents 5 to 11 further admitted that they enquired and found that the lands were notified and immediately thereafter filed their objections to the acquisition proposals. Therefore, the publication of the notification under Section 4(1) of the Act, in two newspapers which did not have wide circulation in the locality, did not affect respondents 5 to 11 in any manner as they had notice of the proposals for acquisition and participated in the inquiry under Section 5A of the Act.25. We may now deal with the grievance of respondents 1 to 4. There is nothing to show that they had any subsisting interest in the two lands, when the preliminary notification was issued. When their father died they did not choose to get their names entered in the revenue records. The death of their father was in 1978 and the preliminary notification was issued in the year 1998 and for two decades they took no steps to get the lands mutated in their names. It is Stated in the writ petition that they had let out the entire property to eleventh respondent and had sold portions of the property to respondents 5 to 10. But they have not disclosed the extents of the portions that were sold and which portions, if at all any, were retained by them. They admit that the purchasers from them (respondents 5 to 10) and their tenant (respondent No. 11) had notice. Therefore, in so far as respondents 1 to 4 are concerned, whether the notification was published in newspapers having wide circulation or not would make no difference and they cannot complain about the absence of publication or about defective publication of notification under Section 4(1) in the newspapers. Even if the publication had been in two newspapers having wider circulation, their names would not have figured therein.26. It is significant to note that there is no averment in the writ petition that respondents were not aware of the proposed acquisition. It is evident that they were aware of the notification. It is also inconceivable that respondents 5 to 11 who knew about the proposed acquisition would not have informed respondents 1 to 4 about the proposed acquisition. Be that as it may. Therefore even if the publication in two regional language newspapers is considered to be not in compliance with the requirements of Section 4(1), it cannot affect the validity of the preliminary notification or the consequential proceedings in regard to Sy. Nos.186/1 and 186/2.27. No other ground is urged to interfere with the acquisition. The acquisition was for an urgent public purpose that is for implementation of further stages of Koyambedu Wholesale Market Complex. The objections on behalf of the holders of the land had been considered. No prejudice has been caused on account of the publication of the notification in two newspapers having limited circulation in the locality.

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

Explanation:
1[ds]19. We have held that the object and purpose of the amended Section 4(1) of the Act is to provide for publication of the preliminary notification in two daily newspapers having reasonably wide circulation in the locality so that people (persons interested) in that locality may become aware of the proposals for acquisition. We have also held that publications in two newspapers having regular and steady circulation, but having a market share of only 2% to 3% of the total newspapers can not invalidate the acquisition proceedings automatically, on the ground that such publication violates the requirement of Section 4(1) relating to newspaper publication. As the said two findings are slightly contradictory, it is necessary to harmonize the consequences.20. This leads us next to the consequences of publication of the notification in two newspapers having reasonably wide circulation and consequences of bona fide publication of the notification in two newspapers which do not have a wide circulation in the locality.20.1 If there is failure to publish in two daily newspapers or if the publication is in two newspapers that have no circulation at all in the locality, without anything more, the notification under Section 4(1) of the Act and the consequential acquisition proceedings will be vitiated, on the ground ofwith an essential condition of Section 4(1) of the Act.20.2 If the two newspapers carrying the publication of the notification have reasonably wide circulation in the locality, (apart from the publication of the notification in the Gazette and causing public notice of the substance of the notification to be given at convenient places in the locality), then the requirements of Section 4(1) are complied with and all persons concerned in the locality shall be deemed to have notice of the notification. (For this purpose, the publication need not be in newspapers having the widest or largest circulation, but it is sufficient if the publication is in newspapers having reasonably wide circulation). In that event, neither the notification under Section 4(1), nor the consequential acquisition proceedings would be open to challenge, on the ground of violation of Section 4 of the Act.20.3 If the newspapers in which the notification is published were circulating in the locality, but did not have a reasonably wide circulation in the locality, then neither the notification under Section 4(1) nor the consequential acquisition proceedings, will become vitiated automatically. If the person aggrieved, apart from demonstrating that the two newspapers did not have reasonably wide circulation in the locality, also asserts that as a consequence, he did not have notice of the proposed acquisition that was provided for in Section 4(1) of the Act, in the absence of evidence to the contrary, the acquisition to the extent of the land of such person will be vitiated. But if such assertion is rebutted by the acquiring authority by placing evidence to show that the person concerned had in fact notice (as for example where he participated in the inquiry under Section 5A of the Act), the acquisition will not be vitiated on the ground of violation of Section 4A of the Act.20.4 If the person challenging the acquisition is able to establish that the notifications were deliberately and with mala fides, published in newspapers having negligible circulation, to avoid notice to the persons concerned, then Section 4(1) will be violated.21. The acquiring authority need not prove actual notice of the proposal to acquire under Section 4(1) of the Act, to the person challenging the acquisition. As the purpose of publication of public notice provided in Section 4(1) of the Act is to give notice of the proposal of acquisition to the persons concerned, such notice can also be by way of implied notice or constructive notice. For this purpose, we may refer to the difference between actual, implied and constructive notices.21.1 When notice is directly served upon a party in a formal manner or when it is received personally by him, there is actual notice.21.2 If from the facts it can be inferred that a party knew about the subject matter of the notice, knowledge is imputed by implied notice. For example, if the purpose of the notice is to require a party to appear before an authority on a particular date, even though such a notice is not personally served on him, if the person appears before the authority on that date or participates in the subsequent proceedings, then the person can be said to have implied notice.21.3 Notice arising by presumption of law from the existence of certain specified facts and circumstances is constructive or deemed notice. For example, any person purchasing or obtaining a transfer of an immovable property is deemed to have notice of all transactions relating to such property effected by registered instruments till the date of his acquisition. Or, where the statute provides for publication of the notification relating to a proposed acquisition of lands in the Gazette and newspapers and by causing public notice of the substance of the notification at convenient places in the locality, but does not provide for actual direct notice, then such provision provides for constructive notice; and on fulfilment of those requirements, all persons interested in the lands proposed for acquisition are deemed to have notice of the proposal regarding acquisition.Re : Question (ii) : Validity of the acquisition22. The copy of the communication dated 31.3.2004 sent by the Director of Information and Tourism (Advertisement) Department in Tamil Nadu shows that between 1998 to 2000ad a circulation of 6200, 4675, 5200 and 3100 in Central Madras, South Madras, North Madras and Tambaram areas andhad a circulation of 42,000 to 48,000 in Chennai area. On the other hand the material produced by the respondents show that the total circulation of regional newspapers in Chennai was around a million, that several regional newspapers had circulations varying between 80,000 to 2,00,000 in Chennai, and the Madurai Mani with a Chennai circulation of 28465, had a market share of 3% out of the total circulation of regional newspapers.also apparently had a market share of 4% before its closure. The two newspapers were not therefore newspapers having no circulation in the locality. We however agree, having regard to the circulation figures, with the finding of the High Court that the newspapers did not have a reasonably wide circulation in the locality.23. As both Madurai Mani and Kadiravan were sold and circulated in Chennai and as a good chunk of their total circulations was in Chennai, it may not be possible to hold that the said newspapers were not ‘regional daily newspapers circulating in theNor will it be possible to invalidate the entire acquisition on the ground that the publication in the said two newspapers did not fulfil requirement of publication in ‘newspapers circulating in thatBut if the respondents are able to assert and demonstrate that as a consequence, they were denied the opportunity of participating in the inquiry under Section 5A, or show any other disadvantage, they may be able to achieve the object of showing that the acquisition proceedings were vitiated in so far as their lands were concerned.24. In this case respondents 1 to 11 have challenged the acquisition. Respondents 5 to 11 specifically admitted that they received a notice dated 9.6.1999 from the appellant herein calling upon them to appear before him in the Section 5A inquiry under the Land Acquisition Act. Respondents 5 to 11 further admitted that they enquired and found that the lands were notified and immediately thereafter filed their objections to the acquisition proposals. Therefore, the publication of the notification under Section 4(1) of the Act, in two newspapers which did not have wide circulation in the locality, did not affect respondents 5 to 11 in any manner as they had notice of the proposals for acquisition and participated in the inquiry under Section 5A of the Act.25. We may now deal with the grievance of respondents 1 to 4. There is nothing to show that they had any subsisting interest in the two lands, when the preliminary notification was issued. When their father died they did not choose to get their names entered in the revenue records. The death of their father was in 1978 and the preliminary notification was issued in the year 1998 and for two decades they took no steps to get the lands mutated in their names. It is Stated in the writ petition that they had let out the entire property to eleventh respondent and had sold portions of the property to respondents 5 to 10. But they have not disclosed the extents of the portions that were sold and which portions, if at all any, were retained by them. They admit that the purchasers from them (respondents 5 to 10) and their tenant (respondent No. 11) had notice. Therefore, in so far as respondents 1 to 4 are concerned, whether the notification was published in newspapers having wide circulation or not would make no difference and they cannot complain about the absence of publication or about defective publication of notification under Section 4(1) in the newspapers. Even if the publication had been in two newspapers having wider circulation, their names would not have figured therein.26. It is significant to note that there is no averment in the writ petition that respondents were not aware of the proposed acquisition. It is evident that they were aware of the notification. It is also inconceivable that respondents 5 to 11 who knew about the proposed acquisition would not have informed respondents 1 to 4 about the proposed acquisition. Be that as it may. Therefore even if the publication in two regional language newspapers is considered to be not in compliance with the requirements of Section 4(1), it cannot affect the validity of the preliminary notification or the consequential proceedings in regard to Sy. Nos.186/1 and 186/2.27. No other ground is urged to interfere with the acquisition. The acquisition was for an urgent public purpose that is for implementation of further stages of Koyambedu Wholesale Market Complex. The objections on behalf of the holders of the land had been considered. No prejudice has been caused on account of the publication of the notification in two newspapers having limited circulation in the locality.