STATE OF MYSORE versus ABDUL RAZAK SAHIB

Citation: [1973] 1 S.C.R. 856 · Decided: 11-08-1972 · Supreme Court of India · Bench: K.S. HEGDE · Disposal: Dismissed

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

856 
STATE OF MYSORE 
v. 
ABDUL RAZAK SAHIB 
August 11, 1972 
[K. S. HEGDE, A. N. GROVER AND D. G. PALEKAR, JJ.] 
Land Acquisition Act 1894, s. 4 (!)-Requirements of-Publication 
of n->tice In ofjicial gazette whether must be mandatorily accompanied by 
or immediately followed by public notice in locality. 
A notification under section 4 ·of the Land Acquisiti0n Act, 1894 in 
respect of land belonging to the respondent was published in the official 
gazette of the Government of Mysore on August 17, 1961. But no notice 
as required by that section were published in the locality till November 1 
and 19 of 1961. Under s. SA of the Act the time limited for filing 
objections is thirtY days from the issue of the notifi<'ation. The respondent 
filed t:S objections only on December 4, 1961. In his writ petition nnder 
Article 226 of the Constitution the respondent contended that the notiC'C 
under s. 4 was invalid. 
The High Court upheld the contention and 
quashed the impugned notification. The State of Mysore appealed to this 
Court with certificate. 
HELD : Under certain circumstances publication in the offic!ial gazette 
is presumed to be notice to all concerned. But in the case of a notifiC'ation 
under . 4 of the Land Acquisition Act the law has prescribed that in addi-
tion to the publication of the notification in the official gazette the Collector 
must also give pub'icity to the substance of the notification in the con-
cerned locality. Unless both these conditions are satisfied section 4 of the 
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B 
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Land Acquisition Ac• cannot be said to have . been compJ;ed with. 
The 
publication of the notices in tile locality is a mandatory requirement. In 
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, 
the absenee of such publication the interested persons may not be able 
to file their objections about the acquisition proeeedings and they will bt, 
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deprived of the right of representation provided under s. SA which is a 
valuable right. Under s. 4 it is only when the notifu:ation is published 
in the official gazette and it is accompanied by or immedia'ely followed 
by public notice that a person interested in the property proposed to be 
acquired can be regarded to have had notice of the proposed notificaHon. 
[857H-8S8D) 
F 
The impugned notifi9tion did not comply with the requirement <'f the 
law since it was not accompanied by or immediately followed by public 
notice. The High Court was, therefore, justified in quashing the proceed· 
ings talcen. 
[858E] 
The appeal must actordingly fail. 
Gangadharaih v. State of .Mysore & Ors., (1961) Mys. L.J. 883, re-
ferred to. 
CML APPELLATE JURISDICTION : Civil Appeal No. 2461 of 
1968. 
Appeal by certificate from the judgment and 
order dated 
J~ne 6, 1968 of the Mysore High Court in W.P. No. 769 of 
1966. 
S. V. Gupte, for the appellant. 
Respondent did not appear. 
G 
H 
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A 
B 
c 
D 
F 
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MYSORE v. A. R. SAHIB (Hegde, J,) 
857 
The Judgment of the Court was delivered by 
Hegde, J. This appeal arises from certain lanu acquisition pro-
ceedings. The Government of .Mysore notified the lands belonging 
to the respondent for acquisition. 
The notification under s. 4 
of the Land Acquisition Act, 1894, was published in the official 
gazette on August 17, 1961, but no notices as required by that 
section were published in the locaiity till November t and 9, 1961. 
The respondent filed his objections only on December 4, 1961. 
The question for consideration is whether the notification issued 
under s. 4 is a valid notification. 
The respondent challenged the 
validity of the notification before the High Court of Mysore by 
means of a writ petition under Art. 226 of the Constitution. The 
High Court came to the conclusion that the impugned notification 
was invalid and consequently quashed the same. As against that 
decision this appeal has been brought after obtaining certificate 
under Aft. 133(1 )(b) of the Constitution. 
We shall now read~- 4( 1) of the Land Acquisition Act, 1894. 
It says : 
"4. OJ Whenever it appears to the appropriate Go-
vernment that land in any locality is needed or is likely 
to b.e needed for any public purpose, a notification to 
that effect shall be published in the Official Gazl)tte, and 
the Collector shall cause public notice of the suOO!ance 
of such notification to be given at convenient places in 
the said locality." 
The section prescribes two requirements, namely, ( l) a notifica-
tion to be published in the Official Gazette, and (2) ·the Collector 
causing to ,l!ive pu

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