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TMI Blog1969 (11) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 4(1) of the Land Acquisition Act, 1894 to the effect that the land mentioned in the schedule is needed for a public purpose. The notification further showed that the Governor being of opinion that the provisions of Sub-section (1) of Section 1-7 of the said Act are applicable to the land, is further pleased under Sub-section (4) of the said section to direct that the provisions of Section 5-A of the Act shall not apply. The schedule to the notification reads as follows: Note:-The plan of the land may be inspected in the office of the Collector,. Rampur. 3. This was followed by a notification under Section 6(1) of the Act dated October 28, 1960. This notification shows that the Governor was pleased to declare under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e applications were turned down by the learned single Judge and a Special Appeal therefrom to a Division Bench met with no better fate. The learned Judges of the Division Bench noted that the exact land which was required by the State Government was not specified in the notification and that the petitioners had raised further objection that the notification under Section 4 was invalid because it had not been published at convenient places in the locality. The Division Bench relied on certain observations of this Court in Babu Barkya Thakur v. The State of Bombay and Ors. [1961]1SCR128 to the effect that the notification under Section 4 was for the purpose of carrying on a preliminary investigation with a view to finding out after necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for a public purpose to make a declaration to that effect and such declaration has to be published in the Official Gazette under Sub-section (2). In the normal course after lands have been declared to be needed for a public purpose the appropriate Government may direct the Collector to take orders for the acquisition of the land. Thereafter the Collector may proceed under Section 8 to mark out the land covered by the declaration. Section 9 enjoins upon the Collector to cause public notice to be given at convenient places, after compliance with the provisions of Section 8 that the Government intends to take possession of the land and that claims to compensation for interest in such land may be made to him. Section 11 enjoins upon the Collec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the section provides: In the case of any land to which, in the opinion of the appropriate Government, the provisions of Sub-section (1) or Sub-section (2) are applicable, the appropriate Government may direct that the provisions of Section 5A shall not apply, and, if it does so direct, a declaration may be made under Section 6 in respect of the land at any time after the publication of the notification under Section 4, Sub-section (1). 7. It becomes clear from a perusal of the said Sections of the Act that the process of acquisition must start with a notification under Section 4. Even in extremely urgent cases like those mentioned in Sub-section (2) of Section 17, the notification under Section 4 is a sine qua non. In some cases th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor's office to find out whether his lands were covered by the notification. 9. It was urged before us that the notification was in terms of the section and that the petitioners could not complain inasmuch as the defect was remedied by the notification under Section 6 which was issued within a fortnight after the Section 4 notification. In our view this contention cannot be accepted. Any notification which is the first step towards depriving a man of his property must be strictly construed and courts ought not to tolerate any lapse on the part of the acquiring authority in the issue of such notification if it be of a serious nature. In the case of Babu Barkya Thakur [1961]1SCR128 : [1961]1SCR128 it was pointed out by this Court that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not a matter of any moment. The defects were not cured and cannot be glossed over by reason of the fact that the petitioners went to court after the issue of the notification under Section 6(1). 10. Moreover if it was the intention of the Legislature that in cases of urgency a notification under Section 4(1) was not necessary, a suitable provision would have been made in Section 17 for that purpose. The provisions of that section show that even in cases of extreme urgency like the maintenance of railway traffic by reason of any sudden change in the channel of any navigable river or other unforeseen emergency, the Legislature only thought it fit to by-pass the provisions of Section 5A but not those of Section 4 Sub-section (1) 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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