C.K. NARAYANA CHARY versus POTHEPALLI ASHANNA & ORS.

Citation: [1985] SUPP. 3 S.C.R. 161 · Decided: 30-09-1985 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Dismissed

Judgment (excerpt)

161 
C.K. NARAYAN! CHARY 
v. 
POT!ll!PALLI ASIWlNA & ORS, 
SEPTEMBER 30, 1985 
[P.N. BHAGWATI, c.J •• R.s. PATHAK ANO AMARENORA NATH SEN, JJ.] 
Land Acquisition Act 1894 sec. 4(1) & Land Acquisition 
(A.P. Amendment & Validation) Act 1983 - Acquisition of Land -
Issuance of Notification -
Public notice of substance of 
Notification - Giving of within 40 
days of publication of 
Notification in Official Gazette - Necessity of. 
A Notification under sub-s.(l) of S• 4 of the Land 
Acquisition Act 1894 was issued on 18th October, 
1979 and 
published in the Official Gazette on the same day, On 19th 
November 1979 the Revenue Divisional Officer directed notice of 
the substance of the Notification to be given in the locality. 
The compliance report wss submitted by the Village Officer on 
18th December, 1979. 
Ine lail<i owners i!espomient illo& • l and 2 cballenged the 
Notification under Article 226 on the ground that public notice 
in the locality wsa 
not given of the substance of the 
Notification on the same day on which the Notification was 
published in the OfficW Gazette. The High Court allowed the 
petition and quashed the Notification on 28th J1111e 1983. 
However, before the delivery of the judgment, the Land 
Acquisition (Andhra Pradesh Amendment and Validation) Act 1983 
had been enacted on 23rd J1111e 1983, which escaped consideration 
by the High Court. The appellant filed a Review Petition and the 
aame wsa dismiaaed on the i:rouncl that there was a time gap of 
more than forty days between the publication in the Official 
Gazette 
and 
the public notice of 
the 
substance of 
the 
· Notification in the locality, 
Diemissing the appeal of the appellant to this Court, 
lllLl': In case of a Notification iaaued under sub-s.(l) of 
s.4 on or after 12th Sept., 1975, if public notice of the 
substance of such Notification ia not given in the locality 
within forty 
days 
from the date of publication of 
such 
Notification in the Official Gazette, such Notification would be 
invalid. 
A 
B 
c 
D 
E 
F 
G 
R 
A 
B 
c 
D 
E 
F 
G 
H 
162 
SUPREME COURT REPORTS 
[1985] SUPP.3 s.c.R. 
Civil Appeal Nos. 5389-42 of 1983 dated 30.9.85 referred 
to. 
In the instant case, the Notification under sub-a. (1) of 
s.4 was published in the Official Gazette on 18th October, 1979 
and if public notice of the substance of Su.!h Notification was 
given in the locality on 18th December 1979, there would be 
clearly a time gap of more 
than forty days between the 
publication of the Officisl Gazette and the giving of public 
notice of the substance of the Notification in the locality. The 
Notification would, therefore, be liable to be struck down as 
invalid. 
CIVIL APPELlATE JURISDICTION 
Civil Appeal No. 
2521 of 
1984. 
From the Judgment and Order dated 19.3.1984 of the Andhra 
Pradesh High Court in R.W.A.M.P. No. 134 of 1984. 
Y. Prabhakara Rao for the Appellant. 
G.s. Narayana for the Respondent. 
The judgment of the Court was delivered by 
BHAt;WATI, C.J. The Notification under sub-section (1) of 
section 4 of the Land Acquisition Act, 1894 was issued by the 
Government of Andhra Pradesh in the present case on 18th October, 
1979 and it was published in the Government Gazette on the same 
day. The Revenue Divisional Officer directed public notice of the 
substance of the Notification to be given in the locality and 
this direction was admittedly given on 19th November, 1979. The 
report of compliance with this direction was submitted by the 
Village Officer on 18th December, 1979. Before any further 
proceedings could take place pursuant to the Notification, 
respondent nos. 1 and 2 who are owners of the land notified for 
acquisition under the Notification filed a writ petition in the 
High Court for quashing the Notification on the ground that 
public notice of the substance of the Notification in the 
locality was not given on the same day on which the Notification 
was published in the Official Gazette. The High Court allowed the 
writ petition and quashed the impugned Notification by a Judgment 
dated 28th June, 1983. 
However, in the meantime, before the Judgment was delivered 
by the High Court, the Land Acquisition (Andhra Pradesh Amendment 
C.K.N. CHARY v. POTHEPALLI ASHANNA [BHAGWATI, C.J.] 
163 
and Validation) Act, 1983 had already been enacted on 23rd June, 
1985. But the attention of the High Court was not drawn to it and 
the judgment delivered by the High Court, therefore, did not take 
into account this amend

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