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PETITIONER: STATE OF GUJARAT & ANR.

       Vs.

RESPONDENT: PATEL NARANBHAI NATHUBAI & ORS.

DATE OF JUDGMENT26/09/1989

BENCH: MISRA RANGNATH BENCH: MISRA RANGNATH OZA, G.L. (J)

CITATION:  1989 SCR  Supl. (1) 247  1989 SCC  (4) 633  JT 1989 (3)   734        1989 SCALE  (2)664

ACT:     Land  Acquisition  Act,  1894: Sections  4  and  6--Land Acquisition  (Amendment  and Validation)  Act,  1967--Effect of--Delay in making declaration--Validity of.

HEADNOTE:     A  preliminary  notification under Section 4(1)  of  the Land Acquisition Act, 1894 was made on 26.7.1963. The decla- ration under Section 6 was duly notified on 16/18.1.1969.  A Writ  Petition was filed in the High Court  challenging  the declaration. The High Court took notice of the Land Acquisi- tion  (Amendment & Validation) Act, 1967, but held that  the delay of 5 1/2 years from the date of the preliminary  noti- fication was unreasonable, and quashed the said declaration, relying on its own decision in Valji Mulji v. State, 11  GLR 95.     These  appeals, by special leave, are against  the  High Court’s judgment. Allowing the appeals,     HELD:  1.  The validation provision came into  force  on 20th  January, 1967. The position is now concluded  and  the reliance placed by the High Court on its decision cannot  be sustained. [248E]     Gujarat  State  Transport  Corporation  v.  Valji  Mulji Soneji & Ors., [1979] 3 SCC 202 and State of Gujarat &  Anr. v. Punjabhai Mathubai & Ors., [1986] 2 SCC 478, followed.     2.  The decision of the High Court is set aside and  the declaration  under s. 6 of the Land Acquisition Act is  sus- tained. [248F]

JUDGMENT:     CIVIL  APPELLATE JURISDICTION: Civil Appeal  Nos.  1506- 1507 of 1974.     From the Judgment and Order dated 4.8.1972 of the  Guja- rat  High Court in Special Civil Appln. No. 121 of 1972  and 1187 of 1970. 248 G.A. Shah and M.N. Shroff for the Appellants.     V.V. Vaze, Ms. Gitanjali, P.H. Parekh (N.P.), Vimal Dave (N.P.) and M. Mudgal (N.P.) for the Respondents.

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The Judgment of the Court was delivered by     RANGANATH  MISRA, J. These appeals by special leave  are directed  against  the judgment of the  Gujarat  High  Court dated  4.8.1972 quashing the declaration under s. 6  of  the Land Acquisition Act, Act 1 of 1894, on the ground that  the same  made on 18th of January, 1969, was issued beyond  rea- sonable time.     The short facts are: The preliminary notification  under s. 4(1) of the Act was made on 26.7.1963. On 16/18,  1,J969, the declaration under s. 6 was duly notified. On 17.1.1972 a writ  petition was filed in the High Court  challenging  the declaration. The High Court took notice of the Land Acquisi- tion (Amendment & Validation) Act of 1967 but relying upon a Division  Bench  judgment of the same High  Court  in  Valji Mulji  v.  State, 11 GLR 95 held that the  period  of  5-1/2 years  from  the date of the  preliminary  notification  was unreasonable delay for making of the declaration under s.  6 of the Act.     The  validation provision came into force on 20th  Janu- ary,  1967.  Two judgments of this Court dealing  with  this aspect  being Gujarat State Transport Corporation  v.  Valji Mulji Soneji & Ors., [1979] 3 SCC 202 and State of Gujarat & Anr. v. Punjabai Nathubhai & Ors., [1986] 2 SCC 478 have now concluded  the position with reference to the provisions  of the  Validation Act and on the ratio of these judgments  the decision  of  the Gujarat High Court on which  reliance  was placed  by  the  High Court in disposing  of  these  matters cannot  be sustained. We accordingly allow the appeals,  set aside the decision of the High Court and sustain the  decla- ration  under s. 6 of the Land Acquisition Act  dated  18.1. 1969. There shall be no order as to costs. G.N.                                                 Appeals allowed. 249