BIHAR STATE HOUSING BOARDversusSTATE OF BIHAR AND.ORS.

                 BIHAR STATE HOUSING BOARD                                 A
                              v.
                   STATE OF BIHAR AND.ORS.

                         SEPTEMBER 5, 2003

        [DORAISWAMY RAJU AND ARIJIT PASAYAT, JJ.]                          B

      Land Acquisition Act, 1894-Sections 4, 6(1) & (2) and J JA-
Publication .ofdeclaration-Period ofLimitation prescribed under Section
I IA for the Award-Computation of-Held, the three modes of declaration
envisaged under section 6(2) are cumulative and inseparable-Hence, the     C
period must be computed from the last date of the three modes of
publication.

      A notification under Section 4 of the Land Acquisition Act, 1894
was issued and published in the District Gazette on 16.3.1989. The
notification was subsequently published in two daily newspapers on         D
29.4.1989 and the local publication was made on 20.3.1989. The
declaration under section 6 of the Act was published in the District
Gazette on l.2.1990, in the daily newspapers on 27.2.1990 and in the
local publication on 15.3.1991. The award under the Act was made on
2~11~2.                                                                    E
     Respondent-landowner filed a Writ Application before the High
Court on the ground that the award made on 25.3.1992 was invalid
since it was made after two years from the date of the publication of
the declaration in the daily newspapers on 27.2.1990. Single Judge
allowed the Writ application which was affirmed by the Division Bench      F
of the High Court. The application for review by the appellant was
dismissed.

      In appeal to this Court, the appellant contended that the period
of limitation under Section I IA of the Act has to be reckoned from the    G
last date out of the series of publications envisaged under the Section;
and that the award was made within two years from tbe last date.

     The respondent-landowner contended that the date of local
publication is of no consequence after the publication in the two local
newspapers; that the local publication was made for the convenience        H
                                  393
    394                  SUPREME COURT REPORTS (2003) SUPP. 3 S.C.R.

A of the parties, whose lands were acquired; and that such local publication
    cannot extend the period of limitation envisaged under Section l lA of
    the Act.

          Allowing the appeal, the Court

B        HELD: 1.1. Section 6(2) of the Land Acquisition Act, 1894 deals
    with the various modes of publication, as enjoined by the legislature
    and what is envisaged by the Statute is a co-joint publication, by all
    such methods. Various modes as prescribed in the provision itself are
    (a) publication in the Official Gazette, (b) publication in two daily
C   newspapers circulating in the locality in which the land is situated of
    which at least one shall be in the regional language and (c) public notice
    of the substance of such declaration at convenient places in the locality.
    There is no option left with any one to give up or waive any or other
    of the modes and all such modes have to be strictly resorted to.
                                                                   [399-B, CJ
D
         1.2. Section 6(2) of the Act makes it abundantly clear that the last
    of the dates of the publication and giving of such public notice shall
    "hereinafter" be referred to as the date of publication of the declaration.
    Therefore, the expression "date of publication of declaration" appearing
E   in section 1lA of the Act a stage subsequent to section 6, answering
    the stipulation "hereinafter" has to be the last of the dates out of the
    three modes of publication ordained by the Statute. In substance, the
    triumvirate modes are cumulative and inseparable in the sense that
    unless all the three modes are resorted to and completed, there is no
    scope for the limitation period of two years beginning to run or for the
F   penal consequences envisaged ensuing therefrom. [399-C-E)

         1.3. From the parenthesis appearing in Section 6(2), it is clear that
    reference to the subsequent provisions of the Act to the date of
    publication of declaration has to be determined as the last of the dates
G   of the publication and the giving of the notice. As the date of local
    publication was 15.3.1991, the award made on 25.3.1992 was not
    beyond the prescribed period of limitation. [399-G, HJ

         Krishi Utpadan Mandi Samiti & Anr. v. Makrand Singh & Ors.,
    [1995) 2 SCC 497 and Eugenia Misquita & Ors. v. State of Goa & Ors.,
H   [1997J s sec 47, relied on.
             BIHARSTATEHOUSINGBOARD v. STATE[PASAYAT,J.]               395

     Ka/iyappan v. State of Kera/a & Ors., AIR (1989) SC 239,                  A
distinguished.

     CIVIL APPELLATE JURSIDICTION : Civil Appeal No. 7011 of
2003.

     From the Judgment and Order dated 8.5.2001 of the Patna High Court        B
in C.R. No. 262 of 1999.

     Himanshu Shekhar for the Appellant.

    Ms. J.S. Wad, Ms. Niharika Bahl and Ms. Ram Bore for J.S. Wad              C
& Co. for the Respondents.

        B.B. Singh and Kumar Rajesh Singh for State of Bihar.

        The Judgment of the Court was delivered by
                                                                               D
     ARIJIT PASAYAT, J.: Leave granted.

    The basic issues involved in this appeal revolve round the question
whether the award made under Section 11 A of the Land Acquisition Act,
1894 (hereinafter referred to as the 'Act') is barred by limitation.
                                                                               E
     Factual position in a nutshell is as follows:

     A Notification under Section 4 of the Act was issued and published
in District Gazette on 16.3.1989 and was subsequently published in two
daily newspapers on 29.4.1989 and local publication was made on                F
20.3.1989. Publication of the declaration under Section 6 of the Act was
made on different dates in the following manner: (a) in the District Gazette
on 1.2.1990, (b) daily newspapers on 27.2.1990 and (c) local publication
on 15.3.1991. The award under Section I IA of the Act was made on
25.3.1992.
                                                                               G
     A Writ application was filed by the landowner (respondent no.5
herein) before the Patna High Court taking the stand that the award was
made after the expiry of two years period as reckoned from the date of
publication of the declaration on 27 .2.1990 when it was published in two
                                                                               H
    396                   SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R.
A local daily newspapers. Referring to Section 11 A of the Act the plea was
  accepted. This Court's judgment in Kaliyappan v. State ofKera/a and Ors.,
  AIR (1989) SC 239 was referred to for upholding the stand of the
  landowner. Challenge before the Division Bench did not yield any result
  to the present appellant, for whose benefit the land was acquired. An
B application for review was filed which was dismissed by the impugned
  judgment by taking the view that there was no scope for review of the
  judgment and what was attempted to be done in essence amounted to
  appeal in the guise of a review petition.

C         Learned counsel for the appellant-Board submitted that the approach
    of the High Court is erroneous. The period has to be reckoned from the
    last date out of the series of publication envisaged and in view of the clear
    language of Section I IA, there was no scope for holding that the award
    was made beyond the prescribed time. Learned counsel for the State of
    Bihar supported the stand. But learned counsel for the respondent no.S-
D   landowner submitted that the date of local publication is really of no
    consequence after the publication in the two local newspapers. Since a
    grievance was made by some of the landowners whose lands were
    simultaneously acquired that they had not been given due notice, the land
    acquisition authorities made a local publication of the substance of the
E   declaration. This was an act done for the convenience of the parties and
    it cannot extend the period of limitation as prescribed under Section 11 A
    of the Act.

          In order of appreciate the rival contentions few provisions of the Act
F need to be noted. They are:

          Sections 4(1), 6(1) and (2) and I IA read as follows:

             "4. Publication ofpreliminary notification and powers of officers
             thereupon - (I) Whenever it appears to the appropriate government
G            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
H            notice of the substance of such n~tification to be given at
  BIHARSTATEHOUSINGBOARD v. STATE[PASAYAT,J.]                    397

convenient places in the said locality (the last of the dates of such   A
publication and the giving of such public notice, being hereinafter
referred to as the date of the publication of the notification) .

     •                     •                      *
6. Declaration that land is required for a public purpose. - ( l)       B
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 5-A, 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       C
Secretary to such government or of some officer duly authorized
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 (!),
irrespective of whether one report or different reports has or have     D
been made (wherever required) under Section 5-A, sub-section
(2):

     Provided that no declaration in respect of any particular land
covered by a notification under Section 4, sub-section (I), -
                                                                        E
          (i) published after the commencement of the Land
     Acquisition (Amendment and Validation) Ordinance, 1967
     (! of 1967), but before the commencement of the Land
     Acquisition (Amendment) Act, 1984, shall be made after the
     expiry of three years from the date of the publication of the      F
     notification; or

     (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         G
     notification:

     Provided further that no such declaration shall be made
unless the compensation to be awarded for such property is to be
paid by a company, or wholly or partiy out of public revenues or
some fund controlled or managed by a local authority.                   H
    398                SUPREME COURT REPORTS (2003] SUPP. 3 S.C.R.

A         Explanation I.- In computing any of the periods referred to in the
          first proviso, the period during which any action or proceeding
          to be taken in pursuance of the notification issued under Section
          4, sub-section (1 ), is stayed by an order of a court shall be
          excluded.

B         Explanation 2.- Where the compensation to be awarded for such
          property is to paid out of the funds of a corporation owned or
          controlled by the State, such compensation shall be deemed to be
          compensation paid out of public revenue.

c         (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 of which at least one shall be in the regional
          language, and the Collector sh:ill cause public notice of the
          substance of such declaration to be given at convenient places in
          the said locality (the last of the dates of such publication and the
D         giving of such public notice, being hereinafter referred to as the
          date of the 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
E         where such plan may be inspected.
                                                             (Emphasis supplied)

               •                       •                      •
          I IA. Period within which an award shall be made - (I) The
F         Collector shall make an award under Section 11 within a period
          of two years from the date of the publication of the declaration
          and if no award is made within that period, the entire proceedings
          for the acquisition of the land shall lapse:

               Provided that in a case where the said declaration has been
G         published before the commencement of the Land Acquisition
          (Amendment) Act, 1984, the award shall be made within a period
          of two years from such commencement.

          Explanation. - In computing the period of two years referred to
H         in this section, the period during which any action or proceeding
            BIHAR STATE HOUSING BOARD v. STATE [PASAYAT, J.]               399

          to be taken in pursuance of the said declaration is stayed by an         A
          order of a court shall be excluded."

        The crucial words in Section I !A are "within a period of two years
  from the date of publication of the declaration". Section 6(2) deals with
  the various modes of publication, as enjoined by the legislature and what        B
  is envisaged by the Statute is a conjoint publication, by all such methods.
  Various modes as prescribed in the provision itself are (a) publication in
  the official gazette, (b) publication 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 (c) public notice of substance of such declaration
  at convenient places in the locality. There is no option left with any one       C
. to give up or waive any one or other of the modes and all such modes have
  to be strictly resorted to. Sub-section (2) of Section 6 therefore necessarily
   makes it abundantly clear that the last of the dates of the publication and
  giving of such public notice shall "hereinafter" be referred to as the date
  of publication of the declaration. Therefore, the expression "date of            D
  publication of declaration" appearing in Section I IA a stage subsequent
  to Sectioa 6, answering the stipulation 'hereinafter' has to be the last of
  the dates out of the three modes of publication ordained by the Statute. In
  substance the triumvirate modes are cumulative and inseparable in the
  sense that unless all the three modes are resorted to and completed, there       E
  is no scope for the limitation period of two years beginning to run or for
  the penal consequences envisaged ensuing therefrom.

       In Krishi Utpadan Mandi Samiti and Anr. v. Makrand Singh and Ors.,
 [ 1995) 2 sec  497 while considering the various provisions (in which only
 the period of limitation was changed by amending Act 68 of 1984) it was           F
 noted that there are three modes of publication and the three steps are as
 indicated supra.

       If one takes note of the parenthesis appearing in Sub-section (2) of
 Section 6, it is clear that reference to the subsequent provisions of the Act     G
 to the date of publication of declaration has to be determined as the last
 of the dates of the publfcitrion and the giving of public notice. As the date
 of publication by local publication was the last at that point of time i.e.
 on 15.3.1991 the award on 25.3.1992 was not beyond the prescribed period
 of limitation.
                                                                                   H
    400                   SUPREME COURT REPORTS (2003] SUPP. 3 S.C.R.

A       The decision in Kaliyappan 's case (supra) was on different aspect of
  the problem raised in the factual position presented in that case, and did
  not deal with the question of the nature involved in the present appeal. Even
  in that case, this Court observed that under Section I IA, the Collector is
  empowered to make an award within two years from the date of publication
B of the declaration meaning thereby that it will be till the expiry of the last
  date of the period of two years. The further question as to how the said
  period is to be computed did not arise in that case, as in the present case.
  Therefore, no assistance is available to the respondent-land owner from
  that decision. On the contrary, the decision in Eugenio Misquita and Ors.
C v. State of Goa and Ors., [1997] 8 SCC 47 was rendered on identical legal
  set up after advertising to the relevant distinctions in computing the period
  of limitation for making the declaration under Section 6 in contrast to the
  one for computing the period of limitation stipulated for making the award
  under Section 11 A of the Act, in the special context of the mandate
  contained in Sub-section (2) of Section 6 of the Act. We are in respectful
D agreement with the principles laid down therein and the same squarely
  governs this case, in favour of the stand taken for the appellant, the
  limitation having necessarily to be computed from the last of the publication
  viz., 15.3.1991.

          Judgments of the High Court by learned Single Judge, the Division
E
    Bench in the appeal and the review application have not taken the correct
    view. They are set aside. The appeal is allowed but with no order as to
    costs.

    B.S.                                                      Appeal allowed.