Case Note & Summary
The petitioner, Madanlal Lalchand Jain, challenged the legality and validity of a declaration under section 6 of the Land Acquisition Act, 1894, issued on 17.8.2013 by respondent Nos. 1, 3, and 4 for the acquisition of his land S.No.251/A/2 admeasuring 3702 sq. meters at Nandurbar. The acquisition was initiated for and on behalf of respondent Nos. 5 to 7 (Maharashtra State Electric Distribution Company Ltd. and its officers) to facilitate the establishment of a 33/11 KV power station. The petitioner contended that the declaration was barred by time under section 6(1) proviso (ii) of the Act. A notification under section 4 was issued on 13.10.2011, and the local publication, being the last mode of publication, was made on 27.1.2012. The declaration under section 6 was issued on 17.8.2013, which is beyond the one-year period from the date of the last publication. The court examined the provisions of section 6(1) proviso (ii), which mandates that no declaration shall be made after the expiry of one year from the date of the publication of the notification under section 4. The court held that the date of the last publication of the section 4 notification (27.1.2012) is the relevant date for computing the limitation period. Since the declaration was issued on 17.8.2013, it was clearly beyond the one-year period. The court allowed the petition, quashed the section 6 declaration, and set aside the acquisition proceedings. Rule was made absolute with no order as to costs.
Headnote
A) Land Acquisition - Time Limit for Declaration - Section 6(1) proviso (ii) Land Acquisition Act, 1894 - Mandatory period of one year - The declaration under section 6 must be made within one year from the date of the last publication of the notification under section 4. In this case, the last publication was on 27.1.2012, and the declaration was issued on 17.8.2013, which is beyond the one-year period. Held that the declaration is invalid and liable to be quashed. (Paras 3-5)
Issue of Consideration
Whether the declaration under section 6 of the Land Acquisition Act, 1894 issued on 17.8.2013 is within the prescribed time limit of one year from the date of last publication of the section 4 notification (27.1.2012) as required by section 6(1) proviso (ii).
Final Decision
The petition is allowed. The declaration under section 6 of the Land Acquisition Act, 1894 dated 17.8.2013 is quashed and set aside. The acquisition proceedings are set aside. Rule is made absolute. No order as to costs.
Law Points
- Section 6(1) proviso (ii) of Land Acquisition Act
- 1894
- mandatory time limit of one year for declaration
- date of last publication of section 4 notification is relevant for computing limitation
Case Details
2015 LawText (BOM) (03) 21
WRIT PETITION NO. 9009 OF 2013
Mr. J.R. Shah, Smt. S.A. Dhumal, Mr. S.M. Godsay
The State of Maharashtra, The Divisional Commissioner (Revenue), The Collector, Nandurbar District, The Special Land Acquisition Officer and the Dy. Collector (Land Acquisition), Nandurbar, The Managing Director, The Maharashtra State Electric Distribution Company Ltd., The Chief Engineer (Civil), Maharashtra State Electric Distribution Company Ltd., The Chief Engineer (RAPDRP), Maharashtra State Electric Distribution Company Ltd.
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Nature of Litigation
Writ petition challenging the legality and validity of a declaration under section 6 of the Land Acquisition Act, 1894 for acquisition of land for a power station.
Remedy Sought
Petitioner sought quashing of the section 6 declaration dated 17.8.2013 and setting aside of the acquisition proceedings.
Filing Reason
The petitioner contended that the declaration under section 6 was issued beyond the one-year period from the date of the last publication of the section 4 notification, violating section 6(1) proviso (ii) of the Land Acquisition Act, 1894.
Issues
Whether the declaration under section 6 of the Land Acquisition Act, 1894 issued on 17.8.2013 is within the prescribed time limit of one year from the date of the last publication of the section 4 notification (27.1.2012) as required by section 6(1) proviso (ii).
Submissions/Arguments
Petitioner argued that the last publication of the section 4 notification was on 27.1.2012, and the section 6 declaration on 17.8.2013 was beyond the one-year period, thus invalid.
Respondents did not contest the factual position regarding dates but argued that the declaration was valid.
Ratio Decidendi
Under section 6(1) proviso (ii) of the Land Acquisition Act, 1894, no declaration under section 6 shall be made after the expiry of one year from the date of the publication of the notification under section 4. The date of the last publication of the section 4 notification is the relevant date for computing the limitation period. In this case, the last publication was on 27.1.2012, and the declaration was issued on 17.8.2013, which is beyond the one-year period, rendering the declaration invalid.
Judgment Excerpts
The petitioner contends that, the declaration under section 6 of the Land Acquisition Act, 1894 is issued on 17.8.2013, which is beyond the period of one year from the date of the last publication of the notification under section 4.
Thus, the declaration under section 6 of the Land Acquisition Act, 1894 is issued on 17.8.2013, which is beyond the period of one year from the date of the last publication of the notification under section 4 i.e. 27.1.2012.
In the result, the petition succeeds. The declaration under section 6 of the Land Acquisition Act, 1894 dated 17.8.2013 is quashed and set aside. The acquisition proceedings are set aside.
Procedural History
The petitioner filed Writ Petition No. 9009 of 2013 before the High Court of Judicature of Bombay Bench at Aurangabad challenging the section 6 declaration dated 17.8.2013. The court heard the matter and delivered judgment on 25.3.2015.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 6, Section 6(1) proviso (ii)
