Case Note & Summary
The petitioners, Baban Homaji Phadtare and others, filed a writ petition under Article 226 of the Constitution of India challenging the notification dated 22nd August 2006 issued under Section 4(1) of the Land Acquisition Act, 1894, and the declaration dated 12th August 2008 under Section 6 of the same Act. The acquisition was for a public purpose, namely an irrigation project at Village Bopgaon, Taluka Purandar, District Pune. The petitioners alleged that the acquisition was malafide and initiated at the instance of the fourth respondent, and that the public purpose did not exist. The primary legal challenge was that the Section 6 declaration was not issued within the statutory period of one year from the date of publication of the Section 4 notification, as required by the Act. The petitioners argued that the Section 4 notification was published on 22nd August 2006, and the Section 6 declaration was made on 12th August 2008, which was beyond one year. The respondents contended that the last date of publication of the Section 4 notification in the village was 20th February 2007, but this was disputed by the petitioners. The court, after hearing the parties, noted that the Section 4 notification was dated 22nd August 2006 and the Section 6 declaration was dated 12th August 2008. The court found that the declaration was made after the expiry of one year from the date of the Section 4 notification, and therefore the acquisition proceedings had lapsed. The court allowed the petition and quashed the acquisition proceedings, holding that the declaration under Section 6 was invalid due to the delay.
Headnote
A) Land Acquisition - Limitation for Section 6 Declaration - Section 4 and Section 6 of the Land Acquisition Act, 1894 - The court considered whether the declaration under Section 6 was issued within one year from the last publication of the Section 4 notification. The petitioners contended that the declaration was issued after the expiry of the statutory period, while the respondents claimed the last publication was on 20th February 2007. The court examined the pleadings and found that the declaration dated 12th August 2008 was beyond one year from the Section 4 notification dated 22nd August 2006, and thus the acquisition had lapsed. Held that the declaration under Section 6 must be made within one year from the date of publication of the Section 4 notification, failing which the acquisition proceedings become void (Paras 2-3).
Issue of Consideration
Whether the declaration under Section 6 of the Land Acquisition Act, 1894 was issued within the statutory period of one year from the date of publication of the Section 4 notification, and if not, whether the acquisition proceedings are null and void.
Final Decision
The court allowed the writ petition and quashed the acquisition proceedings, holding that the declaration under Section 6 of the Land Acquisition Act, 1894 was issued beyond the statutory period of one year from the date of publication of the Section 4 notification, and therefore the acquisition had lapsed.
Law Points
- Land Acquisition Act
- 1894
- Section 4
- Section 6
- Limitation for declaration
- Lapse of acquisition
