9911796707
TMI Blog1990 (11) TMI 419X X X X Extracts X X X X X X X X Extracts X X X X ..... aheed Khan, falling in zone D-5(D.I.Z. area) bounded by 45.72 meter (150 ft) r/w Panchkuin Road in the North, 45.72 meter (150 ft) Ramakrishna Road in the East and residential area in the South-West. It was notified that the land use of this area was proposed to be changed from 'Residential' to 'Recreational (District Park and Open Spaces)' and any person having any objection or suggestion with respect to the proposed modifications could send his objections or suggestions to the Secretary Delhi Development Authority within thirty days from the date thereof. 2. The first appellant claims to be a religious and charitable denomination being a dargah of late Hazarat Syed Hassan Rasul-Numa and the second appellant is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent on 18th October, 1975 to the Secretary of DDA. The authorities seem to have not considered that objection. With these and other allegations the appellants challenged the validity of the public notice. They moved the High Court for relief under Article 226 of the Constitution. 5. The claim was heard by a Division Bench of the High Court perhaps, by way of preliminary hearing. Upon considering the affidavits filed by the parties, the High Court rejected the writ petition with the following observations on the foregoing contentions: It is not disputed that the petitioners did file objections to the impugned notice though late. Therefore, we are of the opinion that even if it be assumed that the provisions of Section 44 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5th July 1975, published by the DDA. However, as the letter dated 18.10.1975 containing the objections of the petitioners was received in this Ministry on 21.10.1975 that is, after the issue of the Memorandum dated 17.10.1975 convening the aforesaid meeting, the said objections could not be included in the Agenda for the meeting. However, such of those objections, which were received late (including those of the petitioners) were read out in the meeting and were duly considered in the meeting. Since the objections raised by the petitioners were untenable they were ruled out. Only those objections/suggestions which were included in the agenda and which were of any significance found place in the minutes of the meeting. Thus it would be seen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. If there was valid publication of the notice as prescribed under the law, they ought to have filed the objection within the period specified in the notice. They could not file their objection after the prescribed period and complain that they have been prejudiced by the non-consideration of the objection. The prejudice could be presumed only when the objection filed within the prescribed period is not considered by the competent authorities. 10. The second question relates to the requirements of Section 44 of the Act and its compliance in the instant case. This is the primary and all-important question for consideration. Section 44 provides: 44. Public notice how to be made Known-Every public notice given under the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section, it would meet the statutory requirement. The argument does seem to proceed only on the word 'or' used immediately preceding the last part of the section. But in matters of interpretation one should not concentrate too much on one word and pay too little attention to the other words. No provision in the statute and no word in the section may be construed in isolation. Every provision and every word must be looked at generally and in the context in which it is used. No doubt the provisions of Section 44 are not happily worded, but if we read carefully the terms of the section, the submission of counsel for the appellants appears to be wholly untenable. The words used in both the limbs of the last part of the section are signi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e competent authorities. In order to effectuate these rights, the prescribed means of publication must be faithfully followed giving the persons clear notice as specified in the statute. The provision providing such notice to persons whose rights or interests are likely to be impaired must always be considered as mandatory. As otherwise, it would defeat the very purpose of giving public notice inviting objections and suggestions against the proposed action. 13. There is a broad basis for the view that we have taken from the decisions of this Court although on the provisions of other enactment. The Section 4(1) of the Land Acquisition Act, 1894 provides for publication of the notification in the Official Gazette and in two daily new ..... X X X X Extracts X X X X X X X X Extracts X X X X
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