1986 (5) TMI 29

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....ng 2.60 acres or 12,584 sq. yards (or thereabouts). The sale deed dated February 5, 1973, with respect to the transaction was registered as No. 798 in Additional Book No. 1, Vol. No. 3068, on pages 1 to 97, on February 6, 1973. The writ petition came up for admission on September 6, 1973, on which date the following order was passed by this court : 6-9-1973. Mr. T. N. Sethi with Mr. S. K. Dholakia and Mr. Y. K. Sabharwal Show-cause notice to respondents Nos. 1 & 2. Notice of stay application for 8-10-1973. Proceeding before the competent authority to be stayed in the meanwhile. Notice of stay application dated 6-9-1973, also for the same date. No fresh publication to be made in the meanwhile. Notices Dasti, Sd. P. N. Khanna . ....

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.... Board that such competent authority has no jurisdiction to initiate such proceedings, the competent authority having jurisdiction may initiate such proceedings within (i) the period of nine months specified in the foregoing proviso Or (ii) a period of thirty days from the date of such determination, whichever period expires later ; (b) in a case where proceedings for the acquisition of any immovable property under this Chapter could not be initiated during any period of time by reason of any injunction or order of any court prohibiting the initiation of such proceedings or preventing the examination of documents or other materials required to be examined for the purpose of determining whether such proceedings should be initiated, the....

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....cannot be initiated by a notice which has not been published in the Official Gazette. It is not disputed by the respondents that notice under section 269D, in any case the notice dated August 10, 1973, aforesaid, had not been published in the Official Gazette. The provisions of section 269D require that initiation of the proceedings shall be by publication in the Official Gazette. It is a well-settled principle of law that when a statute requires thing to be done in a particular manner, it must be done in that manner or not at all. (Nazir Ahmed v. King Emperor, AIR 1936 PC 253 at 257). The Privy Council in the judgment said that " where a power is given to do a certain thing in a certain way, the thing must be done in that way or not ....