Judgment :- K.A. Abdul Gafoor, J. The petitioner has approached this Court mainly challenging Ext. P4 and Ext. P7. Ext. P4 is a declaration under S.6(1) of the Kerala Land Acquisition Act. Ext. P7 is the notification under S.4(1) of the said Act, which preceded Ext. P4. The main contention urged as ground 'G' to the Original Petition is that "the whole acquisition proceedings have lapsed since no S.6 declaration was published within one year from S.4(1) publication under S.6(2) of the Land Acquisition Act" (Sic) What the petitioner attempts to submit is that the time gap between publication of S.4(1) notification and the publication of S.6(1) declaration is beyond one year and therefore the proceedings itself have elapsed and the respondents cannot continue the land acquisition proceedings. If that is so, I need not consider any other contentions raised by the petitioner. Therefore, I shall examine that aspect. 2. A statement has been filed by the third respondent Special Tahsildar (LA), Trissur Municipalities, Trissur. It is averred therein as follows: "As per the said requisition the notification under S.4(1) of the Land Acquisition Act was published in extra-ordinary Gazette dated 23.8.95. The 4(1) notification was published in Deepika daily dated 6.1.96 and Express daily dated 24.11.95, erratum notification was published in Express daily on 3.1.96. The 4(1) notification was served to all interested parties on the notice board of the Taluk Office Mukundapuram, Village Office, Kizhakke Chalakudy and the same was published in the locality on 20.1.96". "The S.6 declaration was approved by the Secretary to Government on 10.1.97". The date of publication of This averment gives details regarding different publications namely publication in the gazette, in the news papers and in the locality. It is further averred in para 5 of the statement as follows: S.6 declaration is not mentioned in the statement. 3. The Government Pleader contends, relying on the provisions in S.6(1) that what the law requires is only making of S.6 declaration within one year and not publication of the S.6 declaration. Proviso to S.6(1) with clause (ii) thereof reads as follows: "Provided that no declaration in respect of any particular land covered by a notification under S.4, sub s. (1), (i) (ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification".
Proviso to S.6(1) with clause (ii) thereof reads as follows: "Provided that no declaration in respect of any particular land covered by a notification under S.4, sub s. (1), (i) (ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification". (emphasis supplied) The Government Pleader submits that what is required is to make a declaration within the period of one year from the date of publication of S.4(1) notification. It is further contended that publication of the declaration is contemplated only by sub-s.(2) of S.6 and that publication is for the purpose of determining the period within which the award shall be made as provided for in S.11A. He contends that S.6(1) does not speak about the publication of the declaration; but only speaks about making of the declaration. In this case, it is, as mentioned in the counter affidavit, within one year from 20.1.96, the date of publication in the locality which is the last among the three modes of publication mentioned in S.4. Therefore, the contention of the petitioner that the land acquisition proceedings had elapsed cannot be accepted, the Government Pleader submits. 4. The counsel for the petitioner has brought to my notice a recent judgment of the Supreme Court reported in Engenio Misquita v. State of Goa (AIR 1997 (SC) 3939) concerning the very same point. In para 10 it is held as follows: "Let us examine whether the learned counsel is right in his submission. As seen from the above extracts of relevant provisions, while S.4(1) commands publication of notification under that Section, S.6 speaks of the declaration being made to the effect that any particular land is needed for public purpose or for a company. There are judicial decisions that have interpreted the word" made' to mean" published' for the reason stated in those decisions. Therefore, strictly speaking, but for those judicial decisions the date of making of the declaration under S.6(1) will be the relevant date for reckoning the period of limitation. However, in the interest of general public, the courts have taken the view that the declaration made will stand accomplished only when it is published," Therefore, publication by any mode shall take place within one year from the date of publication in the official gazette.
However, in the interest of general public, the courts have taken the view that the declaration made will stand accomplished only when it is published," Therefore, publication by any mode shall take place within one year from the date of publication in the official gazette. In the light of the said pronouncement the contention of the Government. Pleader that the declaration under S.6 need not be published within one year from the date of publication of the notification under S.4(1) cannot hold good. 5. The date of publication of S.4(1) notification is the last of the dates of different types of publications. The said section makes it mandatory to publish notification in the official gazette and in two daily news papers and at convenient places in the locality. On the basis of the averment in the statement as extracted above, the last among the dates of these three modes of publication of S.4(1) notification is 20.1.96. Therefore, the declaration shall be published by any mode on or before 19.1.97. As already mentioned above the statement of the Land Acquisition Officer does not disclose the date of publication of the declaration under S.6(1). 6. Relevant files were produced before me by the Government. Pleader for my perusal. Page 371 of me files contain gazette publication of S.6(1) declaration. That was published in Gazette dated 29.1.97. The file also disclosed at page 384 that the declaration was published in the locality on 7.4.97. Page 457 of the file disclosed that the declaration was published in Mathrubhoomi daily dated 5.4.97 and in Deepika daily dated 4.4.97. The earliest among the dates of these publications of the declaration is' 29.1.97, in the official gazette. That is beyond one year from 20.1.96, the date of publication of S.4(1) notification in the-locality, the last among the three modes of publication made mention of in S.4(1). Therefore, the declaration in this case was made beyond one year from the date of publication of the notification under S.4(1). It offends the 1st proviso to S.6(1) of the Act. Consequently, the proceedings have elapsed as contended by the petitioner. Original Petition is accordingly allowed. No cost.