Case Note & Summary
The Supreme Court heard an appeal by special leave filed by the Ghaziabad Development Authority against the judgment of the Allahabad High Court which had allowed a writ petition filed by Jan Kaluan Samiti, Sheopuri, Ghaziabad and another, challenging land acquisition proceedings. The acquisition was initiated for a public purpose by a notification dated February 25, 1986 under Section 4(1) of the Land Acquisition Act, 1894. The enquiry under Section 5A was dispensed with by invoking urgency provisions under Section 17(4). A declaration under Section 6 was made on February 26, 1986, and both the notification and declaration were published simultaneously on April 10, 1986. The respondents challenged the validity of the notification on two main grounds: first, that the local publication required under Section 4(1) was not made; and second, that the simultaneous publication of the Section 4(1) notification and Section 6 declaration was impermissible. The High Court accepted these contentions and by order dated November 3, 1987 quashed the notification and declaration, leading to the appeal before the Supreme Court. The Supreme Court examined the provisions of the Land Acquisition Act, 1894 as amended, particularly the amendments applicable to Uttar Pradesh. Under central Amendment Act 68 of 1984, Section 4(1) required publication in the official Gazette and two daily newspapers, at least one in the regional language. However, the Uttar Pradesh local amendment to Section 4, introduced by U.P. Land Acquisition VIII of 1974/XXII of 1954, dispensed with the mandatory requirement of publication in local newspapers in cases where the Government had formed an opinion that the land was urgently needed under Section 17(4) and had dispensed with the enquiry under Section 5A. The Court noted that this amendment was not brought to the notice of the High Court. Consequently, the finding of the High Court that the notification was vitiated for non-publication in local newspapers was held unsustainable. On the second issue, the Court referred to the proviso inserted in Section 17(4) by the Uttar Pradesh Land Acquisition (Validation) Act, 1991 (U.P. Act 5 of 1991), which came into force retrospectively from September 24, 1984. The proviso stated that where a notification under Section 4(1) was published in the Official Gazette on or after September 24, 1984 but before January 11, 1989, and the Government had directed that Section 5A shall not apply, a declaration under Section 6 could be made either simultaneously with or at any time after the publication of the Section 4(1) notification. Thus, simultaneous publication was expressly permitted by law. The Court also observed that after the declaration under Section 6, notice under Section 9 was required and possession could be taken after expiry of 15 days from the notice, and by operation of Section 17(2) the land vested in the Government free from all encumbrances even before an award under Section 11. The Supreme Court concluded that the High Court's decision was clearly illegal and allowed the appeal, setting aside the High Court's order, but without costs. The notification under Section 4(1) and the declaration under Section 6 were upheld.
Headnote
A) Land Acquisition - Publication Requirements - Section 4(1) of Land Acquisition Act, 1894 - Uttar Pradesh Local Amendment Dispenses with Newspaper Publication When Urgency Clause Invoked - The High Court quashed the Section 4(1) notification for non-publication in local newspapers, but the Uttar Pradesh amendment to Section 4 provided that local publication was not required when Section 17(4) urgency was invoked. Held that the notification was not vitiated for non-publication in local newspapers. (Paras 1-3) B) Land Acquisition - Urgency Clause and Simultaneous Publication - Proviso to Section 17(4) of Land Acquisition Act, 1894 as inserted by Uttar Pradesh Amendment - Simultaneous publication of Section 4(1) notification and Section 6 declaration is permissible when Section 5A enquiry is dispensed with under Section 17(4). Held that the High Court erred in holding that simultaneous publication was impermissible. (Paras 1-3) C) Land Acquisition - Taking Possession and Vesting - Sections 9, 17(2) and 17(4) of Land Acquisition Act, 1894 - After publication of declaration under Section 6, notice under Section 9 is required and possession can be taken after 15 days; by operation of Section 17(2) land vests in Government free from encumbrances even before award. Held that the procedure followed was valid. (Paras 1-3)
Issue of Consideration
Whether the High Court correctly quashed the notification under Section 4(1) of the Land Acquisition Act, 1894 for non-publication in local newspapers; whether simultaneous publication of notification under Section 4(1) and declaration under Section 6 was permissible; whether Section 17(4) was properly invoked in the acquisition proceedings.
Final Decision
Appeal allowed; High Court order set aside; notification under Section 4(1) and declaration under Section 6 upheld; no order as to costs.
Law Points
- Section 4(1) publication in two newspapers is not mandatory in Uttar Pradesh when Section 17(4) urgency is invoked due to local amendment
- simultaneous publication of Section 4(1) notification and Section 6 declaration is permissible under the proviso to Section 17(4) as inserted by Uttar Pradesh Amendment Act retrospectively from September 24
- 1984
- Section 17(2) vests land in the Government free from all encumbrances before an award is made
- notice under Section 9 and expiry of 15 days are required before taking possession.
