Document Fragment View

Matching Fragments

12. I have considered the rival submissions and perused the material on record.

13. Indisputably, as per provisions of Section 4(1) of the Act, the last date of the publication of notification and the giving of public notice of the substance of the notification by different modes as prescribed, is considered to be the date of publication. It is also not disputed that the amended notification under Section 4(1) of the Act issued by the State Government on 6.1.11, was published in the Official Gazette on 7.1.11 and in the two local newspapers on 1.6.11. It is a matter of record that for compliance of third mode of publication as provided for under Section 4(1), the public notice of the substance of the SMT. PUSHPA MALPANI VS. STATE OF RAJASTHAN & ANR. (S.B.CIVIL WRIT PETITION NO.2578/14 and three connected matters) notification to be given at convenient places in the locality was issued on 10.10.11. A perusal of the photo stat copies of the notices which were forwarded by the Resident Engineer, Rajasthan Housing Board to the Land Acquisition Officer after service, placed on record reveal that though the endorsement on the notices does not contain complete report regarding affixation but then, undoubtedly, the same bear signatures of recipients of the notices for affixation and endorsement on one of the notices, received from the office of the Divisional Commissioner, Bikaner, bears the date '3.11.11'. It is well settled that official acts are presumed to be done properly and legally in accordance with the procedure laid down unless the contrary is proved on the basis of some cogent evidence on record. In the considered opinion of this court, the affidavit of one Shri Balraj Singh, alleged to be President of the School, placed on record, appears to be a procured document inasmuch as, the Government Schools are not headed by the President. A perusal of the said notice placed on record also bears signature of Smt. Meena Jain, then Head Master of Government Primary School, 4A Chhoti, Panchayat Samiti, Sri Ganganagar. Similarly, the certificate alleged to have been issued by the Head Master of the Government Secondary School, Telewala, in no manner, disclose as to at whose instance and under what authority, the said SMT. PUSHPA MALPANI VS. STATE OF RAJASTHAN & ANR. (S.B.CIVIL WRIT PETITION NO.2578/14 and three connected matters) certificate has been issued by the Head Master of the school. It does not disclose as to how the person issuing the certificate was related to the process of publication of the public notice dated 10.10.11. In the considered opinion of this court, on the basis of such affidavit and the certificate, no conclusion or inference of non publication of the notice can be drawn. In any case, if the public notice issued is not published at one particular place out of many places specified in the notice, in no manner, it can have effect of vitiating the land acquisition proceedings as such, inasmuch as, ultimately, the purpose of issuing the notices is that the persons affected by the land acquisition proceedings may come to know about the proceeding initiated and enable them to raise objections thereto, if any. It is not even the case of the petitioners that on account of non publication of the notice at a particular place, they are prejudicially affected. In this view of the matter, the contention sought to be raised by the petitioners by way of rejoinder that the condition regarding third mode of publication in terms of Section 4(1) of the Act is not complied with, to say the least, is absolutely devoid of any merit. In absence of any evidence showing that the publication has not been made in terms of the provisions of Section 4(1) of the Act and the date of last publication as disclosed by the respondents is not the actual date of last publication, the position emerging SMT. PUSHPA MALPANI VS. STATE OF RAJASTHAN & ANR. (S.B.CIVIL WRIT PETITION NO.2578/14 and three connected matters) from the official record, has to be taken to be correct and thus, '3.11.11' has to be treated as the last date of publication in terms of provisions of Section 4(1) of the Act and consequently, the declaration issued under Section 6 of the Act, on 29.10.11, cannot be said to be beyond the period of limitation i.e. one year as provided for under first proviso to Section 6 of the Act.