JUDGMENT 1. - As the common questions of law and facts are involved in all these petitions, they are being disposed of by this common order. 2. At the time of admission, Hon'ble Justice P.K. Palli had passed the order in S.B. Civil Writ Petition No. 3293/95. "On a question put by the Court as to whether any challenge is being laid to the notification under section 4 or to the declaration under section 6, the learned counsel concedes that no challenge is being laid to these documents. The only ground being urged by the learned counsel is the award has not been made within the statutory period." Similar orders in nature restricting the challenge only to the award not being made within the statutory period, were made in other petitions. Thus, the question requires consideration in these petitions is confined to the award passed in land acquisition proceedings. 3. The facts no longer in dispute are that a notification dated 26.4.1989 under section 4 of the Land Acquisition Act, 1894 (for short 'the Act' hereinafter) was published in the Rajasthan Gazette for acquisition of land mentioned therein of village Nokha, Tehsil S.B. Civil Writ Petition Nos. 3239, 3246, 3247, 3253, 3254, 3293, 3294 & 3295 of 1995; 011& 1 1X Girwa, district Udaipur for the purposes of Urban Improvement Trust (U.I.T.), Udaipur under Shahar Vistar Yojana. Thereafter notices were given under section 5-A of the Act and the petitioners have submitted their objections. On 16.1.1992, a declaration under section 6 of the Act dated 14.2.1991 was published in the Rajasthan Gazette. On 3.3.1991, 12.7.1993 and 13.7.1993 declaration under section 6 was published in newspapers Pratah Kal, Udaipur Express and Jai Rajasthan. This declaration was affixed at a conspicuous place on 2.3.1993. The notices were issued under section 9 of the Act and on 30.5.1995 an award was passed.It is submitted by the counsel for the petitioners that the declaration having been published on 16.1.1992, the award passed on 30.5.1995 is not within the statutory period provided under section 11- A of the Act and, therefore, the entire proceedings of acquisition lapsed. 4.
4. Section 11-A of the Act requires that the Collector shall make an award under section 11 within a period of two years from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse. The declaration referred to in Section 11-A has a reference to a declaration made under section 6(2) of the Act. Section 6(2) postulates that every declaration shall be published in the Official Gazette, and in two daily newspapers circulating in the locality in which the land is situate of which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality. It further provides that the last of the dates of such publication and the giving of such public notice, shall be the date of publication of the declaration. So any date which falls last of any three modes of publication, shall be the date of publication under section 6(2) of the Act and shall be taken into consideration for the commencement of the period of limitation for the purposes of Section 11-A i.e. passing of the award. The publication of the declaration under section 6 in the Gazette shall be material only for the purpose of counting limitation for the purpose of Section 6(1) provisos (i) & (ii) of the Act and not for the purpose of the counting of limitation of the passing of the award. In Krishi Utpadan Mandi Samiti v. Markand Singh, (1995) 2 SCC 497 . While holding that the publication in the Official Gazette already made u/Cl. (i) of the proviso to sub-sec. (1) of Section 6 of is complete as soon as the declaration under section 6 is complete as soon as the declaration under section 6 was published in the Official Gazette, it is held "the publication of the declaration in two daily newspapers having circulation in the locality one of which is in the regional language and the publication of the substance of the declaration in the locality are ministerial acts and is a procedural part.
It appears that these publications are required to be done to make the declaration published in the manner, to be conclusive evidence of the public purpose under section 6(1) and also to provide limitation to make the award under section 11 by the Collector." (Emphasis added.) 5. The question is which shall be the last date of publication under Section. 6 for the purpose of Section 6(2) of the Act. The declaration was published in Gazette on 16.1.1992. The declaration was affixed at a conspicuous place on 2.3.1993 and thereafter published in the newspapers dated 3.3.1991, 12.7.1993 and 13.7.1993. The last of the publication of the declaration shall be 13.7.1993 as required under section 6(2) of the Act. The newspaper declaration dated 3.3.1991 being prior to the publication of the declaration in the Gazette. The starting point of limitation for the purpose of Section 11-A shall be 13.7.1993. If the period of limitation is counted from that date, the award passed on 30.5.1995 would be clearly within the period prescribed under the Act and is clearly within the statutory period prescribed under section 11-A of the Act. The award being valid, no writ as asked for, can be granted to the petitioners. 6. Petitions are dismissed. The parties shall bear their own costs.Writ Dismissed. *******