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  • Section 11-A. Publications under Section 6(2)
  • Section 6(2)
  • Section 6(1)
  • Section 4(1)
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Citation Codes
Equivalent Citations
citation codes
Advocates
Judges
Acts
  • Section 11-A. Publications under Section 6(2)
  • Section 6(2)
  • Section 6(1)
  • Section 4(1)

    Sriniwas Ramnath Khatod v. State of Maharashtra

    "8. According to the learned counsel, the limitation prescribed under clause (ii) of the first proviso to Section 6(1) has to be considered with reference to the different dates/modes of publication prescribed under Section 6(2) of the Act. In support of this submission, learned counsel refers to the judgments of this Court rendered on Section 4(1) of the Act holding that the last of the dates of such publication in the series is the relevant date for computing the period of limitation under clause (ii) of the first proviso to Section 6(1). 9. Let us examine whether the learned counsel is right in his submission. As seen from the above extracts of relevant provisions, while Section 4(1) commands publication of notification under that section, Section 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 reasons stated in those decisions. Therefore, strictly speaking, but for those judicial decisions the date of making of the declaration under Section 6(1) will be the relevant date for reckoning the period of limitation. However, in the interest of the general public, the courts have taken the view that the declaration made will stand accomplished only when it is published. This publication has, therefore, nothing to do with the publication referred to in Section 6(2) of the Act which is for a different purpose, inter alia, for reckoning the limitation prescribed under Section 11-A of the Act. This construction is supported by the language employed in Section 6(2) of the Act. In particular, the word "hereinafter" used in Section 6(2) will amply prove that the last of the series of the publication referred to under Section 6(2) is relevant for the purposes coming thereafter, namely, for making award under Section 11-A. The language employed in second proviso to Section 6(1) also supports this construction. Therefore, the contention of learned counsel cannot be accepted." (emphasis supplied) (16) Thus a contention similar to the one made here had been rejected. Learned Judges then observed in para 16 as follows : "16.... that for the purpose of calculating the limitation prescribed under clause (ii) of the first proviso to Section 6(1), it is not the last of the publications in the series that should be taken into account. but the publication that was made in the first instance under .the Section." (17) Thus a detailed reading of the authority makes it clear that the last date under Section 6(2) is only for purposes of computing limitation under Section 11-A. Publications under Section 6(2) are ministerial acts and procedural in nature. In any case, in this case the date of first publication of declaration is 30th January, 1987. This is also within one year of last date of notification under Section 4. The High Court was thus right in holding that the proceedings were not vitiated.

    (18) We, therefore, see no substance in the appeal. We see no infirmity in the impugned judgment. Accordingly the appeal stands dismissed. There will be no order as to costs.

    ____________

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    Sriniwas Ramnath Khatod v. State of Maharashtra
    (Oct 19, 2001)