ORDER Shantanu Kemkar, J. 1. All these three petitions involve common questions of law and facts and as such they are being decided by this common order. 2. Petitioners claim to be residents of Tehsil Rajpur, District Barwani having their properties including agricultural land in Village Atarsambha, Jalgone, Salkheda and Moyda. A notification dated 15-5-2008 was issued under section 4 (1) of the Land Acquisition Act, 1894 (for short 'the Act') by the State Government for acquisition of 260.58 Hectares of land situated at Village Atarsambha, Jalgone, Salkheda and Moyda by invoking urgency clause under section 17 of the Act. On 16-5-2008 a declaration was made under section 6(1) of the Act that the said land is required for public purpose. 3. The notification under section 4 (1) and the declaration under section 6 (1) of the Act were simultaneously published in the daily Newspaper 'Dainik Bhaskar' on 18-5-2008, on the same date in the daily Newspaper Nai Duniya' on 23-5-2008 and lastly also on the same date in the Official Gazette on 6-6-2008. After the publication of the said notification and declaration the petitioners were paid compensation under section 17(3-A) of the Act. 4. Challenging the simultaneous publication of the said notification and declaration and non-payment of compensation to the extent of 80 per centum in terms of section 17(3-A) of the Act, the petitioners have filed these petitions. 5. The grievance of the petitioners is that since the publication of the notification under section 4(1) and the declaration under section 6(1) of the Act has been effected on the same date the same is violative of section 17(4) of the Act. It is also the grievance of the petitioners that the respondents have not paid 80 per cent of the compensation before taking possession of their land and as such the proceedings of acquisition are liable to be quashed. 6. The respondents have filed reply and have stated that the Notification under sections 4 (1) and 6 (1) of the Act have been issued for the purpose of acquisition of the petitioners land for construction of Jalgone Talab Pariyojna proposed on a local river/nala called Salkheda Nala. It has been stated that due to the said project more than 209 khatedars' would be benefited and the irrigation facility shall be made available to them by laying of the canal in the common area. It has been stated that due to the said project more than 209 khatedars' would be benefited and the irrigation facility shall be made available to them by laying of the canal in the common area. According to the respondents the project is for the benefit of public at large. It has also been stated that the lake formulated by the construction of dam is to be filled in the forthcoming monsoon of July, 2010 and in the circumstances urgency clause of the Act have been invoked and accordingly Notification has been issued and the declaration has been made. According to the respondents the correct amount of compensation to the extent of 80 per cent as estimated by the Collector has been deposited and paid to the petitioners and in the circumstances the contentions of the petitioners that they are not been paid 80 per cent of the compensation is incorrect. 7. The petitioners have filed rejoinder and have reiterated the stand taken by them in the petitions. It has also been stated that the project was pending since long and there was no justification in invoking the urgency clause it has also been stated that respondents have deposited and paid the compensation on the basis of the market value as per the approved guidelines for the year 2007-08 whereas they ought to have been deposited and paid the compensation on the basis of the market value as prescribed by the guidelines for the current year 2008-09. 8. In the reply to the rejoinder the respondents have stated that in case the petitioners feel aggrieved by the estimated deposit of the compensation amount they are free to assail the award in reference, but on this ground the petition be not entertained. 9. Shri A.S. Garg, learned Senior Counsel for the petitioner placing reliance on the judgment of the Supreme Court in the case of State of Uttar Pradesh v. Radhey Shyam Nigam and Ors. 9. Shri A.S. Garg, learned Senior Counsel for the petitioner placing reliance on the judgment of the Supreme Court in the case of State of Uttar Pradesh v. Radhey Shyam Nigam and Ors. AIR 1989 SC 682 : 1989 (1) M.P. Weekly Notes (144) and also on the order passed by the Division Bench of this Court in the case of Rajendra Singh v. State of M.P. 1994 (2) M.P. Weekly Notes (190), argued that the notification under section 4 (1) and the declaration under section 6(1) could not have been published on the same date as the same is impermissible in view of the amended Sub-section (4) of section 17 of the Act. He further argued that the respondents having not paid the compensation to the petitioners as per requirement of section 17 (3-A) to the extent of 80 per cent of the market value approved by the guidelines for the year 2008-09. In the circumstances he prayed for the quashment of the impugned notifications issued by the respondents. 10. Shri Vivek Patwa, learned Deputy Government Advocate on the other hand submitted that the Notification under section 4(1) and declaration under section 6 (1) of the Act may have been published on the same date but they were issued on 15-5-2008 and on 16-5-2008 respectively. In the circumstances according to him there is no violation of section 17 (4) of the Act. He further argued that so far as the inadequacy of compensation which has been paid to the petitioners, the petitioners can seek reference for enhancement of the said compensation. 11. So far as the petitioners contention that 80 per cent of the compensation as per the approved guidelines for the year 2008-09 has not been paid to them, I find that on the Collector placing reliance on the approved guidelines of the year 2007-08 has paid the estimated compensation to the petitioners. The petitioners if are aggrieved of such estimation and the quantum of compensation, it is open for them to assail the same by way of appropriate proceedings at appropriate stage under the Act. 12. In order to decide the controversy about the publication of the notification under section 4(1) and declaration under section 6 of the Act on the same date which according to the petitioners is impossible it would be appropriate to refer relevant provisions of the Act. 12. In order to decide the controversy about the publication of the notification under section 4(1) and declaration under section 6 of the Act on the same date which according to the petitioners is impossible it would be appropriate to refer relevant provisions of the Act. section 4 (1) of the Act reads thus: 4. (1) Whenever it appears to be appropriate Government that land in any locality is needed or is likely to be needed for any public purpose or for a company a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the notification). section 5A of the Act reads thus: "5-A. Hearing of objections.- (1) Any person interested in any land which has been notified under section 4, Sub-section (1), as being needed or likely to be needed for a public purpose or for a company may, within thirty days from the date of the publication of the notification, object to the acquisition of the land or of any land in the locality, as the case may be. (2)... ... ...not relevant. (3)... ... ...not relevant. section 6 of the Act reads thus: 6. Declaration that land is required for a public purpose.- (1) Subject to the provisions of Part VII of this Act, when the appropriate Government is satisfied after considering the report, if any, made under section 5A, Sub-section (2), that any particular land is needed for a public purpose, or for a company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authority to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, Sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required) under section 5A, Sub-section (2): Proviso's are not relevant. Explanation 1 & 2 are not relevant. Explanation 1 & 2 are not relevant. (2) Every declaration shall be published in the Official Gazette, and in two daily newspapers circulating in the locality in which the land is situate or 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 (the last of the date of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the declaration), and such declaration shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and where a plan shall have been made of the land, the place where such plan may be inspected. (3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after making such declaration the appropriate Government may acquire the land in a manner hereinafter appearing. section 17 of the Act reads thus: 17. Special powers in cases of urgency.- (1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, Sub-section (1), take possession of any land needed for a public purpose. Such land shall thereupon vest absolutely in the Government, free from all encumbrances. Such land shall thereupon vest absolutely in the Government, free from all encumbrances. (2) Whenever owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station, or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity, the Collector may, immediately after the publication of the notice mentioned in Sub-section (1) and with the previous sanction of the appropriate Government, enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience. (3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested, compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained. (3-A) Before taking possession of any land under Sub-section (1) or Sub-section (2), the Collector shall, without prejudice to the provisions of Sub-section (3),- (a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and (b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 31, Sub-section (2), and where the Collector is so prevented, the provisions of section 31, Sub-section (2) (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section. (3-B) The amount paid or deposited under Sub-section (3-A), shall be taken into account for determining the amount of compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under section 11, the excess may, unless refunded within three months from the date of the Collector's award, be recovered as an arrear of land revenue. (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of Sub-section (1) or Sub-section (2) are applicable, the appropriate Government may direct that the provisions of section 5A shall not apply , and, if it does so direct, a declaration may be made under section 6 in respect of the land at any time after the date of the publication of the notification under section 4, Sub-section (1). (Emphasis supplied) 13. Having regard to the aforesaid provisions of the Act, it is clear that the Notification under section 4(1) is required to be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in regional language. The Collector is required to cause public notice of the substance of such notification to be given at convenient place of the said locality the last of the date of such publication and giving of such public notice is to be treated as the date of publication of the notification. section 5A provides for hearing of objections. The Collector is required to cause public notice of the substance of such notification to be given at convenient place of the said locality the last of the date of such publication and giving of such public notice is to be treated as the date of publication of the notification. section 5A provides for hearing of objections. It provides that any person interested in any land notified under section 4 (1) is being needed or being likely to be needed for a public purpose or for a Company may within 30 days from the date of the publication of the Notification object to the acquisition of the land or any land in the locality as the case may be. section 6 (1) provides for declaration that the land is required for a public purpose. section 6(2) of the Act provides that the declaration of intended acquisition shall be published in the Official Gazette and in two daily newspapers circulated in the locality in which the land is situated of which at least one shall be in the regional language. It also provides like in section 4(1) that the Collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality. The last date of such publication and the giving of such public notice shall be the date of publication of the declaration. 14. Sub-section (a) of section 17 (3-A) provides that before taking possession of any land under Sub-section (1) and Sub-section (2) of section 17 the Collector shall without prejudice to the provisions of Sub-section (3) tender payment of 80 per centum of the compensation for such land as estimated by him to the persons interested entitled thereto section 17 (4) provides that in case in the opinion of the appropriate Government the provisions of Sub-section (1) and Sub-section (2) of section 17 in regard to special powers in case of urgency are applicable the appropriate Government may direct that the provisions of section 5A shall not apply and if it does so direct a declaration may be made under section 6 in respect of the land at any time after the date of publication of the Notification under section 4 (1) of the Act. (Emphasis supplied) 15. (Emphasis supplied) 15. In the present case on recording the satisfaction by the Competent Authority of the State Government that the land in question is required urgently, the urgency clause under section 17(1) of the Act was invoked. The last date of the publication of notification under section 4 (1) of the Act is admittedly 6-6-2008. The declaration under section 6 (1) was made on 16-5-2008 much prior to the date of notification under section 4 (1) of the Act. The last date of publication of declaration is 6-6-2008 the date when the notification under section 4(1) was published. 16. In similar circumstances the Supreme Court in the case of State of Uttar Pradesh v. Radheshyam Nigam and Ors. (supra), has held as under: Prior to the amendment of the Act by the Amending Act No. 68 of 1984, it was permissible for the Government to issue Notification under section 4 and to make declaration as contemplated under section 6 simultaneously and it was further permissible to publish both the notifications simultaneously. But after the amendment, a declaration can only be made "after the date of publication of the Notification" under section 4. There must be difference of dates between the date of the publication of the Notification under section 4 and section 6. After the Amendment both the notifications cannot be published on the same date. This would be in clear violation of amended section 17 (4) of the Act. It is true that the expression "after the date of the publication of the notification" introduced in section 4 can be explained away as making no change from the provisions of law by reading it along with the amendment made in section 4, the last date of publication of the notice has been determined as the date of the publication of the notification and similarly in section 6 a date of the publication of the notice has been provided for. But the words "after the dale of the publication of the notification" in Sub-section (4) of section 17 read simpliciter clearly indicate that declaration under section 6 had to be made after the publication of the notification meaning thereby subsequent to the date of the publication of the notification. There is nothing in the scheme of the Act, which militates against such a construction. There is nothing in the scheme of the Act, which militates against such a construction. The fact that at times where emergency provisions are invoked emergent action may be taken but in such a situation in view of the sate of law that was before it, the Legislature has made a conscious change which cannot be explained away merely because this is as a consequence of the changes in sections 4 and 6 of the Act. 17. Applying the ratio of the judgment of the Supreme Court in the case of State of Uttar Pradesh v. Radheyshyam Nigam and Ors. (supra), a Division Bench of this Court in the case of Rajendra Singh v. State of M.P. (supra), was pleased to quash the declaration under section 6 of the Act noticing that the Notification under section 4 and the declaration under section 6 of the Act were published in the same Gazette dated 26-8-1988. 18. Accordingly, since the notification under section 4 (1) was published on 6-6-2008 and the declaration under section 6 (1) was made on 16-5-2008 and was published on 6-6-2008 on the same date when the notification under section 4(1) was published the same is in clear violation of section 17(4) of the Act and as such cannot be sustained. 19. Having regard to the infirmity as noticed above in regard to the date of declaration, all these petitions are allowed by quashing the declaration under section (1) of the Act. However, it will be open for the respondents to proceed in the matter in accordance with law. 20. As a result all the writ petitions are allowed. No orders as to costs.