Local publication under land acquisition law: Section 4 notice is mandatory, but Section 6 declaration publication is directory.

The local publication of the substance of a Section 4(1) Land Acquisition Act notification is mandatory because it gives effective notice and enables objections under Section 5-A, but delay in making that publication does not by itself invalidate the acquisition if the statutory purpose is served. By contrast, publication of the substance of a Section 6(2) declaration in the locality is directory rather than mandatory, and non-publication does not invalidate the declaration unless grave prejudice is shown. The SC therefore upheld the acquisition and set aside the High Court's quashing of the notification and declaration.

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Issues: (i) Whether publication of the substance of the notification under Section 4(1) of the Land Acquisition Act, 1894 in the locality is mandatory and whether delay in such publication invalidates the acquisition; (ii) Whether publication of the substance of the declaration under Section 6(2) of the Land Acquisition Act, 1894 in the locality is mandatory and whether omission to do so invalidates the declaration.

Issue (i): Whether publication of the substance of the notification under Section 4(1) of the Land Acquisition Act, 1894 in the locality is mandatory and whether delay in such publication invalidates the acquisition.

Analysis: The purpose of the Section 4(1) publication is to give effective notice to the landowner and enable the filing of objections under Section 5-A. The word "shall" in Section 4(1) is mandatory in relation to publication of the substance of the notification in the locality, because the statutory object would otherwise be defeated, especially where affected persons may not read newspapers or the Gazette. However, the requirement is not that the local publication must be simultaneous with Gazette or newspaper publication. A time gap by itself does not invalidate the notification if the statutory purpose is otherwise served.

Conclusion: The local publication requirement under Section 4(1) is mandatory, but delay in making that publication does not by itself invalidate the notification.

Issue (ii): Whether publication of the substance of the declaration under Section 6(2) of the Land Acquisition Act, 1894 in the locality is mandatory and whether omission to do so invalidates the declaration.

Analysis: The Section 6 declaration serves to conclusively identify the land needed for a public purpose. Since the owner is already afforded an opportunity to object under Section 5-A, the omission to publish the substance of the declaration in the locality does not, by itself, cause invalidity unless grave prejudice is shown. The language of Section 6(2), though similar to Section 4(1), is construed in light of the statutory scheme and consequences, and is therefore directory rather than mandatory.

Conclusion: The local publication requirement under Section 6(2) is directory, and non-publication does not invalidate the declaration absent demonstrated prejudice.

Final Conclusion: The acquisition was upheld and the High Court's quashing of the notification and declaration was set aside.

Ratio Decidendi: Whether a statutory requirement is mandatory or directory depends on the purpose of the provision, the scheme of the statute, and the consequences of non-compliance; a notice provision meant to enable objections may be mandatory, while a subsequent declaration provision may be directory where the affected party has already had an opportunity to object and no grave prejudice is shown.

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