Jaimon vs The District Collector and Others

Pius C. Kuriakose, J.—This writ petition raises an important question. The question is whether, when an erratum notification is published to the original notification u/s 4(1) of the Land Acquisition Act, the period of one year for making declaration as envisaged by the first proviso to Section 6 can be reckoned from the date of the erratum notification. The Supreme Court has held in its judgment in State of Tamil Nadu and Anr. v. Mahalaskhmi Ammal and Ors. AIR 1996 SC 866 that in an erratum notification is published to an original notification u/s 4(1) of the Land Acquisition Act, the same will date back to the date of the original notification. As for the facts of the present case, the original notification u/s 4(1) was published in the Gazette on 25-4-2005 and in Malay ala Manorama daily on 8-6-2005. Going by Section 4, which provides different modes of publication of the notification u/s 4, it is the last date of publication and giving of public notice which is to be treated as the date of publication of the notification. Thus it is 31-8-2005 which is to be treated as the date of the notification u/s 4(1) of the Act in this case. Erratum notification was issued on 22-5-2006 and published on 3-8-2006 in Mathrubhoomi daily followed by a subsequent errata notification published in the Gazette on 17-7-2006. Both these errata notifications will date back to the date of the original notification u/s 4(1) of the Act i.e. to 31-8-2005.

It is seen that the declaration u/s 6 has been published in this case in the gazette on 31-8-2006. It was argued that since the last date of the publication of the declaration u/s 6 if only on 11-10-2006 the declaration is to be found to be time barred. This argument also has to fail. A reading of the first proviso to Section 6 will show that the time of one year is for making the declaration u/s 6 and not for its publication. The Hon''ble Supreme Court also has reiterated this aspect in Urban Improvement Trust, Udaipur Vs. Bheru Lal and Others, . The file will show that declaration u/s 6 was made on 30-8-206 though it was published only on subsequent dates. The making of the declaration u/s 6 in this case is within the period of one year of the publication of the notification u/s 4(1). Hence the challenge against the declaration on the ground of limitation fails.

This writ petition will stand dismissed. No costs.