Tharamyil Bhaskara Panicker vs Government of Kerala and Others

J.B. Koshy, J.—By Ext.P7 notification dated 12.4.1994 Land Acquisition Officer initiated acquisition proceedings for acquisition of petitioner''s property for opening of a public road for Ezhikkara Panchayat. Local publication of the notification under sub-section (1) of section 4 of the Land Acquisition Act was published in Kerala Times and Veekshanam Daily dated 19.3.1994. Writ petition challenging the above notification was filed on 5.6.1995 after one year of Ext.P7 notification. Apart from various contentions, it is also contended that Notification under Ext.P7 itself was lapsed. First proviso to Section 6(1) of the Act says that no declaration in respect of any particular land covered by a notification under sub Section (1) of the Section 4 shall be made after the commencement of the Land Acquisition (Amendment) Act, 1984 and after the expiry of one year from the date of publication of the notification. Since one year was over after the publication of notification u/s 4(1), no declaration can be made as provided u/s 6. Therefore, Ext.P7 notification is lapsed. The interim stay issued by the Government after the issuance of Section 4(1) notification cannot be excluded as it is not a stay order issued by the Court as held by the Supreme Court in Oxford English School v. Government of Tamilnadu and others (AIR 1995 SC 2398). In view of the above, it is clear that Ext.P7 notification is already lapsed. This will not prevent the Government from publishing fresh section 4(1) notification if a requisition is given by the Panchayat if not already given. If such fresh notification is published, it is for the parties to proceed with the matter in accordance with law. The original petition is disposed off as above.