Case: Gaziabad Development Authority Vs. Jan Kalyan Samiti

The acquisition of the land by the Ghaziabad Development Authority was initiated by notification of February 25, 1986, under Section 4 (1) of the Land Acquisition Act, 1894 (for short, the Act); enquiry under Sect ion 5A was dispensed with under Section 17(4) of the Act and the Declaration under Section 6 was made on February 26, 1986. Both the notifications and declaration were simultaneously published on April 10, 1986.4. The respondents 1 and 2 have filed writ petition No.7155/86 in the High Court of Allahabad challenging the validity of the notification under Section 4(1) on the ground that local publication as required under Section 4(1) was not made. The exercise of the power under Section 17(4) was also wrongly invoked, as simultaneously notification under Section 4(1) and declaration under Section 6 could not be published. The High Court accepted the contentions and by impugned order dated November 3, 1987, allowed the writ petition and quashed the notification of Section 4(1) and the declaration under Section 6. Thus this appeal by special leave.

Reasoning: 6. In other words, the mandatory requirement of the publication of the notification in the locality was dispensed with in a case where the Government had opined that the land was urgently needed, under Section 17(4). When the authorities have dispensed with the enquiry under Section 5A, the requirement of local publication shall not apply. Consequently, the finding of the High Court is unsustainable. It is rather un fortunate that this amendment was not brought to the notice of the High Court when the writ petition was allowed. But operation of the statutory local amendment to the Act has dispensed with local publication in two newspapers. The notification under Section 4 [1] is not vitiated for non-publication of the notification in the local newspapers.In other words by operation of the proviso to Section 17(4) in relation to its application to the State of UP, Notification under Section 4(1) and the declaration under Section 6 would simultaneously be published. The appropriate Authority is empowered to issue notice under Section 9 and take possess ion on expiry of 15 days. The High Court, therefore, was not correct in its conclusion that the Government would not have published simultaneously the notification under Section 4(1) and the declaration under Section 6 and immediately taken possession of the land in question.9. In that view of the matter, the decision of the High Court in the impugned judgment is clearly illegal.