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The Collector (Distt. Magistrate) ... vs Raja Ram Jaiswal Etc on 29 April, 1985 cites

Mahendra Lal Jaini vs The State Of Uttar Pradesh And Others on 7 November, 1962

In Mahendra Lal Jaini v. The State of Uttar Pradesh & Ors.(2) it was held that a notification under Sec. 4A of the Indian Forest Act, 1927 is required to be published in the Gazette and unless it is so published, it is of no effect. Logically, the same view must be adopted for a notification under Sec. 4. Therefore assuming that a notification is a formal expression of a decision of the Government to acquire land, unless the decision is notified in the Government Gazette by an appropriate notification, the proceedings for acquisition cannot be said to have been initiated and the decision would remain a paper decision. Sec. 4 (1) further requires that 'the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.' The expression 'such notification.' in the latter part of Sec. 4 (1) and sequence of events therein enumerated would clearly spell out that first the Government should reach a decision to acquire land, then publish a notification under Sec.4 (1) and simultaneously or within a reasonable time from the date of the publication of the notification cause a notice to be published containing substance of such notification meaning thereby that notification which is published. Obviously, therefore, there cannot be a publication in the locality prior to the issuance of the notification.
Supreme Court of India Cites 54 - Cited by 113 - K N Wanchoo - Full Document
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