S.H. Rangappa vs State of Karnataka and Another

The short question involved in this SLP is whether notification u/s 6 of the Land Acquisition Act, 1894 was made within the requisite period of one year from the date of publication of notification u/s 4. Notification u/s 4 was last published on 23-2-1988. There is no dispute between the parties that this is the starting point for limitation. Declaration u/s 6 was signed by the Secretary on 22-2-1989 but it was gazetted on 9-3-1989. Now the short question is what is the date of making of this declaration u/s 6. If 22-2-1989 is the date taken for that purpose, it would obviously be within one year from the publication of Section 4 notification. But if the date of making of the declaration of the notification is 9-3-1989 it is obviously beyond one year. There are two judgments of two-Judge Benches of this Court that have taken the view that mere signing of the notifications u/s 6 by the Secretary without gaze ting it would not be the relevant date for the purpose of computing period of limitation for issuance of Section 6 notification. These two decisions are rendered in Krishi Utpadan Mandi Samiti and Another Vs. Makrand Singh and Others, and Eugenio Misquita and Others Vs. State of Goa and Others, . However, our attention was invited to a judgment rendered by four learned Judges of this Court reported in Khadim Hussain Vs. State of U.P. and Others, The decision of the Bench of four learned Judges of this Court seems to have taken a view which is contrary to the views propounded by decisions of two-learned-Judge Benches aforesaid. Under these circumstances, we deem it fit to direct that this SLP may be placed before a Bench of three learned Judges for taking appropriate decision in this connection. The office to place this matter before appropriate larger Bench after obtaining orders from Hon'ble the Chief Justice of India.