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Publication of an intended acquisition in little known newspapers may amount to a fraud

In W.P. No 2230 of 2021, the Madras High Court referred unfavourably to the practise of publishing notifications in less known newspapers. In this W.P., the court was specifically looking into the matter of notification of acquisition is published in a certain aaily called 'Trinity Mirror', which is said to have wide circulation in Hosur Taluk.

The High Court observed that not only the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, even the State Enactments on the land acquisition require newspaper publication atleast in one English and one Vernacular newspapers having wide circulation in that locality. The point here is, while the word 'locality' is not defined, whether it will mean a particular village where the property is situated, or the Taluk or the District concerned. Secondly, it is not known whether this daily 'Trinity Mirror' has such wide circulation throughout the District, and what is the need to opt for this daily when there are other popular newspapers with greater circulation. Thirdly, whether circulation implies mere sale of number of copies of the newspaper, or does it amount to readership. If the intent of the statute is to ensure that the notification of an intended acquisition reaches as many people in the locality as possible, then it can only signify the readership, and not the sale of newspaper copies.

Referring to judgments of the Supreme Court and other courts in Special Deputy Collector, Land Acquisition, CMDA Vs. J.Sivaprakasam and Others, Tamil Nadu Housing Board Vs. S.Doraisamy,Kolammal (deceased by L.Rs) & Anr. Vs. State of Tamil Nadu & Ors., N.Chelladurai Vs. Government of Tamil Nadu, the High Court held that the courts have frowned upon the practice of causing paper publication in less known newspaper with least known circulation in a locality. To opt for publication of an intended acquisition in little known newspapers may amount to a fraud on the statute, and a fraud on the right to property of the citizens.


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