THE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION C.M.D.A versus J. SIVAPRAKASAM & ORS.

Citation: [2010] 15 S.C.R. 491 · Decided: 18-11-2010 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2010] 15 (ADDL.) S.C.R. 491 
THE SPECIAL DEPUTY COLLECTOR, LAND 
A 
ACQUISITION C.M.D.A. 
v. 
J. SIVAPRAKASAM & ORS. 
(Civil Appeal No. 9740 of 2010) 
NOVEMBER 18, 2010 
B 
[R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.) 
Land Acquisition Act, 1894 -
ss. 4 and 6 - Land 
acquisition for public purpose - Preliminary Notification u/s. 
C 
4 and a final declaration u/s. 6 - Validity of the Notification -
Challenged to, on the ground that notice uls. SA issued in the 
name of the original owner (since qeceased) and not issued 
to the legal heirs of the original owners of the land; and that 
the preliminary Notification published in two regional language · D 
newspapers which had no circulation in the locality -
Notification quashed by the High Court holding that two 
regional language newspapers in which the Notification was 
published did not have reasonably wide circulation in the 
locality- On appeal, held: Two regional language newspapers 
E 
were sold and circulated in the city and as a good chunk of 
their total circulations was in the city, it cannot be said that 
F 
the said newspapers were not 'regional daily newspaper 
circulating in the locality' - Entire acquisition cannot be 
invalidated on the ground that the publication in the said two 
newspapers did not fulfill requirement of publication in 
'newspapers circulating in that locality' - Legal heirs of the 
original owner took no steps to get the lands mutated in their 
names and as such cannot complain about the absence of 
publication or defective publication of the Notification -
G 
Subsequent purchasers and the tenant of the kaid lands had 
notice of proposals for acquisition - Thus, ttie acquisition is 
valid and upheld - Order passed by the High Court is set 
aside. 
491 
H 
492 SUPREME COURT REPORTS (2010] 15 (ADDL.) S.C.R. 
A 
A preliminary Notification under Section 4(1) and a 
final declaration under Section 6 of the Land Acquisition 
Act, 1894 were issued for acquisition of certain lands for 
implementation of 'K' Wholesale Market Complex. The 
preliminary Notification was published in the Gazette and 
B in the two regional language newspapers. The registered 
owner/pattadar of the said lands died in the year 1978 
leaving behind his legal heirs-respondent Nos. 1 to 4 who 
took no steps to get the lands mutated in their names in 
the revenue records. Respondent Nos. 1 to 4 leased the 
c said lands in favour of the eleventh respondent, a trust 
for running an educational institution as also sold 
portions of the said lands to respondents Nos. S to 10 
who in turn, also granted a lease of their portions in 
favour of the eleventh respondent. Respondent Nos. S to 
0 10 and 11 received a notice from the appellant calling 
them to appear in the enquiry under Section SA of the Act 
and, thereafter, filed objections against the acquisition 
proposal. The respondent Nos. 1 to 11 filed writ petitions 
challenging the acquisition of land on the ground that the 
acquisition was invalid since the preliminary Notification 
E and final declarations were issued showing the name of 
a dead person as the owner of the said lands; that 
respondents Nos. 1 to 4 were not issued any notice in 
regard to enquiry under Section SA of the Act; that the 
preliminary Notification was published in two regional 
F language newspapers which had no circulation in the 
locality; and that the eleventh respondent was serving 
the residents of 'K' and surrounding villages by using the 
lands for running a school and college, thus, lands 
should be excluded from acquisition. The Single Judge 
G of the High Court allowed the writ petition. The Division 
Bench of the High Court upheld the order. Therefore, the 
appellants filed the instant appeal. 
Allowing the appeal, the Court 
H 
SPECIAL DEPUTY COLLECTOR LAND ACQUISITION 493 
C.M.D.A. v. J. SIVAPRAKASAM 
HELD: 1.1 Section 4(1) of the Land Acquisition Act, 
A 
1894 requires publication of the preliminary Notification 
by three modes : (i) publication in the official gazette; (ii) 
publication in two daily newspapers circulating in the 
locality, at least one of which being in the regional 
language; and (iii) causing public notice of the substance 
B 
of such preliminary Notification to be given at convenient 
places in the locality. [Para 14] [506-F-G] 
1.2 The purpose of publication of the Notification is 
two fold, first is to ensure that adequate publicity is given 
C 
so that land owners and persons interested would have 
an opportunit

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