Case Note & Summary
The petitioners, Riva Resorts Pvt. Ltd. and its director Vishwanath Balaram Naik Palyekar, challenged the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 for the acquisition of their land in Village Mandrem, Pernem Taluka, for the public purpose of constructing a sports village. The petitioners owned property bearing Survey No. 277/2 (part). A Section 4 notification was issued on 19th August 2011, and the last publication of that notification was on 16th September 2011. The petitioners and others filed objections under Section 5-A, and the Land Acquisition Officer submitted a report to the State Government. The Section 6 declaration was issued on 26th September 2012, which the petitioners contended was beyond the one-year period from the last publication of the Section 4 notification. The petitioners sought quashing of the notifications. The respondents, represented by the Advocate General, argued that the declaration was within time. The court, after hearing both sides, examined the dates. The court noted that the last publication of Section 4 was on 16th September 2011, and the Section 6 declaration was published in the official gazette on 26th September 2012, which is beyond one year. The court relied on Supreme Court judgments in Devender Kumar Tyagi v. State of U.P. and Mohan Singh v. International Airport Authority of India, which held that the date of declaration under Section 6 is the date of publication in the official gazette. The court found that the declaration was made after the expiry of one year from the last publication of Section 4, and therefore, the acquisition proceedings were invalid. The court allowed the writ petition, quashing the Section 4 and Section 6 notifications.
Headnote
A) Land Acquisition - Limitation for Declaration under Section 6 - Computation of Period - Land Acquisition Act, 1894, Sections 4, 6 - The last date of publication of Section 4 notification was 16th September 2011, and the Section 6 declaration was published in the official gazette on 26th September 2012, which is beyond one year - Held that the declaration is invalid as it was made after the expiry of one year from the last publication of Section 4 notification (Paras 3-7). B) Land Acquisition - Date of Declaration under Section 6 - Relevance of Publication in Official Gazette - Land Acquisition Act, 1894, Section 6 - The date of declaration under Section 6 is the date of its publication in the official gazette, not the date of signing - Reliance on Devender Kumar Tyagi v. State of U.P., (2011) 9 SCC 164 and Mohan Singh v. International Airport Authority of India, (1997) 9 SCC 132 (Paras 4-6).
Issue of Consideration
Whether the declaration under Section 6 of the Land Acquisition Act, 1894 was issued beyond the period of one year from the last publication of the Section 4 notification, thereby rendering the acquisition proceedings invalid.
Final Decision
The writ petition is allowed. The notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 are quashed and set aside. Rule is made absolute in the aforesaid terms with no order as to costs.
Law Points
- Land Acquisition Act
- 1894
- Section 4
- Section 5-A
- Section 6
- Section 11-A
- Limitation for declaration
- Date of publication
- Official Gazette
- Computation of period
