9911796707
TMI Blog1996 (8) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Land Acquisition Act 1 of 1894, (for short, the Act ) acquiring 80 acres of land in favour of the second respondent - N.T.I. House Building Cooperative Society. Notification under Section 4(1) was published on February 23, 1989. Enquiry under Section 5-A was conducted. The appellant participated in the enquiry. Before the declaration could be taken up, the appellants filed the writ petition in March 1989 challenging the validity of the notification. Before the learned single Judge, the appellants had taken five grounds of objections as enumerated in para 2 of the judgment of the learned single Judge. He dealt with each of the points separately and negatived the same. The Division Bench summarily dismissed the appeal. Thus, these a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r thereto, i.e., on February 1, 1989 and, therefore, the mandatory requirement under sub-section (1) of Section 4 has not been complied with. It is further contended that the substance of the notification was not published in the locality. These two contentions were not raised before the learned single Judge; even otherwise, we find that there is no force in these contentions. It is stated in the counter affidavit and also in the record of the Section 5-A enquiry prodused by the appellant which would clearly indicate that after the notification was published, it was published in one of the newspapers on February 1, 1989 and substance thereof was published in the locality on March 20, 1989. The second publication in the newspaper could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intention and not mandatory. This court has rightly rejected that contention. As noted earlier, since the publication of the notification under Section 4(1) was made on February 23, 1989, the intention of the Government to acquire the land for public purpose had been set in motion and it was directed to take the procedural steps in that behalf as mandated under sub-section (1) of Section 4 of the Act. What transpires, therefore, is that of the notification was made in one of the newspapers publication earlier to the actual publication in the Gazette. As stated earlier, it was only an irregularity in the procedural steps to be taken under the Act. It is to be seen that the object of the publication of Section 4(1) is to put a notice to the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken from the date of the filing of the writ petitions till the date of the receipt of the order of this Court stands excluded and the limitation of one year would start thereafter only. Accordingly, we hold that the notification under Section 4(1) has not been +lapsed. It is now on record that the appellants have already filed their objections; enquiry under Section 5-A was conducted and report obviously must have been furnished to the Government for taking further steps in the matter. It would, therefore, be necessary for the Government to consider the objections and have the declaration under Section 6 published, if the Government is of the opinion that the public purpose still subsists. The appeals are accordingly dismissed with the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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