SANJEEVANAR MEDICAL AND HEALTH EMPLOYEES CO-OPERATIVE HOUSING SOCIETY versus MOHD. ABDUL WAHAB AND ORS.

Citation: [1996] 2 S.C.R. 308 · Decided: 08-02-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
SANJEEVANAR MEDICAL AND HEALTH EMPLOYEES 
B 
c 
D 
CO-OPERATIVE HOUSING SOCIETY 
v. 
MOHD. ABDUL WAHAB AND ORS. 
FEBRUARY 8, 1996 
[K. RAMASWAMY, S. SAGHIR AHMAD AND 
G.B. PATTANAIK, JJ.] 
Land Acquisition Act, 1894: Sections 4(1) and 6. 
·Public Notice-Substance of notification-Time limit of 40 days-
Fixation of-By State amendment-Held : inconsistent with Central Amend~ 
ment, hence void-Publication of substance of notification after 40 days 
would not render it invalid-Even otherwise since possession had already 
been taken, the land stood vested in the State free from all encumbrances. 
A notification under Section 4(1) of the Land Acquisition Act, 1894 
acquiring the land belonging to the respondents to provide house sites for 
the employees of the appellant-society, was published in the State Gazette. 
Subsequently, the substance of the notification was published in the 
E locality and a declaration under Section 6 of the Act was also published. 
After taking possession of the land from the respondents it was hande,d 
over to the appellant. Later on plots were allotted to the members of tlie 
appellant-society some of whom started construction of their houses. 
The respondents had filed a writ petition in the High Court challeng-
F 
ing the acquisition of their land. The High Court quashed the notification 
and the declaration holding that the notifications under Section 4(1) of 
the Act were not simultaneously published in the Gazette and in the 
locality. In the meanwhile the State Legislature amended the Act by Land 
Acquisition (Andhra Pradesh Amendment and Validation) Act, 1983 
G retrospectively prescribing publication of the substance of Section 4(1) 
notification within 40 days from the date of its publication in the State 
Gazette. Aggrieved by the High Court's judgment the appellant preferred 
the present appeal. 
On behalf of the appellant it was contended that though the amended 
H Act retrospectively prescribed publication of the substance of the Section 
308 
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SANJEEV ANAR MEDL & HEALTH EMPL CO-OP. HSG. SOCY. v. ABDUL WAHAB [K RAMASWAMY, J. J 309 
4(1) notification within 40 days from the date of its publication in the A 
District Gazette, the publication of the substance even after 40 days did not 
become invalid; that since possession had already been taken, the land 
stood vested in the State and· the beneficiaries free from all encumbrances; 
and that the central amendment of the Act provided that within one year 
from last of the dates of publication under Section 4(1), declaration under 
Section 6 of the Act could be published. 
On behalf of the respondents it was contended that after the Valida-
tion Act was given retrospective effect, the notification under Section 4(1) 
of the Act became invalid, and that consequently the declaration under 
Section 6 of the Act was non-est. 
Allowing the appeal, this Court 
B 
c 
HELD : 1.1. The Parliament amended the Land Acquisition Act, 1894 
prescribing the procedural steps in publication of the notification under 
Section 4 (1) of the Act and declaration under Section 6 of the Act without D 
prescribed time limit with consequences of non-compliance thereof and in 
Section llA declaring that if the steps respectively prescribed therein are 
not taken, the acquisition entails lapse. In other words, the Parliament 
evinces that neither simultaneous nor immediate local publication of sub-
stance is insisted upon. But compliance thereof and publication in two 
newspapers are required to be done. The object is to put the owner or E 
interested person on notice of acquisition of the land for public purpose. 
In case of enquiry under Section SA it should also be done and all the steps 
should be taken within one year from the last of the dates of the publication 
of notification under Section 4(1). Otherwise the acquisition stands lapsed. 
[31S-C-EJ 
F 
1.2. Publication of Section 4(1) notification in the Official Gazette, its 
substance in the locality and also publication of the notification in two 
local newspapers is envisaged but no time limit for their compliance has 
been prescribed thereunder. It urgency power under Section 17(4) is not 
invoked, notice under Section SA is required to be given to the owner and G 
then enquiry is conducted after giving opportunity to the owner or inter-
ested person. Thereafter, declaration should be published within one year 
from last of the dates of the publication under Section 4(1). All the 
pr

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