Case: S.H.Rangappa Vs. State Of Karnataka

3. The notification dated 29th November, 1987 was issued and published in the Official Gazette on 28th January, 1988. The same was published in the newspaper on 23rd February, 1988. This notification was issued under Section 4(1) of the Act wherein it was stated that the lands indicated in the Schedule thereto were intended to be acquired for the public purpose of construction of houses by the Karnataka Housing Board. Persons interested were informed that they could file objections to the proposed acquisition. This notification was published in the newspaper on 23rd February, 1988 whereafter objections were filed under Section 5A of the Act. On 22nd February, 1989 a declaration was made signed by the competent authority under Section 6(1) of the Act. It was stated therein that after verification of the Report of the Housing Commissioner and taking into consideration objections under Section 5A, it was declared that the lands specified in the Schedule thereto were acquired for the public purpose for construction of different categories of houses by Karnataka Housing Board. This declaration which was dated 22nd February, 1989 was published in the Official Gazette on 9th March, 1989. 4. The appellant herein challenged the validity of the notification under Section 6 primarily on the ground that this notification was barred by time. It was contended by the learned counsel that the notification under Section 6(1) had to be issued within one year of the publication of Section 4 notification and this not having been done the said notification was liable to be quashed. The Single Judge of the High Court did not accept this argument. It was observed that the declaration was made within one year under Section 6(1) on 22nd February, 1989. The said Section 6 did not provide for any period of limitation within which the declaration had to be published and, therefore, once the declaration was made within the prescribed period, the notification was made within the prescribed period, the notification was valid. The writ appeal met with no success. Hence, this appeal by special leave.

Reasoning: Pursuant to the issuance of the same, objections can be filed and after hearing the same, Section 6(1) enables the appropriate authority if it is satisfied, after considering the report made under Section 5A of the Act, that if any particular land is needed for a public purpose, then a declaration is to be made under the signature of an appropriate officer. Where notification under Section 4 is published after the commencement of the Land Acquisition Amendment Act, 1984, as in the present case, proviso (ii) requires that such a declaration shall not be made after the expiry of one year from the date of the publication of Section 4 notificationThe main purpose for the issuance of a declaration under Section 6 is provided byn (3), namely, that the declaration is conclusive evidence that the land is needed inter alia for a public purpose and after the making of the declaration the appropriate Government may acquire the land in the manner provided by the Act.n (2) requires the declaration to be published in the Official Gazette and in two daily newspapers circulating in the locality in which the land is situate and in addition thereto the Collector is also required to cause public notice of the substance of the declaration to be given in the convenient places in the said localityIt is well known that after an order or declaration is made there can be a time gap between the making of the order or a declaration and its publication in the Official Gazette. Whereas the time limit for the making of an order is provided under Section 6(1), the legislature advisedly did not provide for any time limit in respect of the steps required to be taken undern (2) of Section 69. This view which we have expressed hereinabove finds support from a decision of a Bench of four Judges of this Court in the case of Khadim Hussain v. State of U.P. and Ors., 1976(1) SCC 843. The question which arose in that case related to the time within which the declaration made under Section 6(1) had to be published in the Gazette.