# G. PALEKAR v. R. KRISHNA !YER AND R. S. SARKARIA, 11.]

- **Citation:** [1974] 2 S.C.R. 731
- **Court:** Supreme Court of India
- **Decided:** 1973-12-14
- **Case number:** Civil Appeal No. 2413 of 1968
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/g-palekar-v-r-krishna-yer-and-r-s-sarkaria-11-6175
- **Pages:** 10

## Headnote

A
B
c
0
E
OM PARKASH AND ANOTHER
P.
STATE OF U.P. AND ORS.
December 14, 1973
731
(D. G. PALEKAR, V. R. KRISHNA !YER AND R. S. SARKARIA, 11.]
, U.P. Nagar Mahapalika Adldn/v'am 1959, ss. 365(4), 372(1) and 511Modifications introduced in. ss. 18 and 23 of the Land Acquisition A.ct-Validity
of-Starting point of the S·year period mentioned in 1. 365(4).
Under s. 42 of the U.P. Town Improvement Act, 1919, a bowing scheme~
which included the appellants' property, was published, and notice under s. 9
of the Land Acquisition Act, 1894, was issued by the Collector to the appel ..
!ants. The 1919-Act. having been repealed by the U.P.
Nagar Mabapalika
Adbiniyam, 1959, the Improvement Trust was supe,,.dod by the Mabapalika
which took further stepe for the implementation ,of the scheme. The Collector
gave his award, took possession. of the appellants' property and delivered It to
the Mahaualika. The . aPJ)ellants did not accept the award
and applied for
a reference under s. 18 of the Land Acquisition Act. The matter waa referred to the Tribunal under s. 372 of the Adhiniyani and the Tribunal, under
the proviso to the section, asked the appellants to d~posit Rs. 900/- as security
for costs.
In a writ petition in the High Court, the appellants challenged the consti·
tutionality of. certain provisions, whereby u. 18 and 23 of the Land· Acquisition Act were modified.
The_ modifications were (a) the addition of a proviso
to s. 23(2) of the Land Acquisition Act, the effects of which is that the IS%
solatium over the value assessed which is awarded when land is a~
by
the Government under the tand Acquisition Act, will n.ot be &dm11&ible (f
the land is acquired for the pqll'osc of a ,sebemc un'der the Adhiniyam; (b)
the addition of a new clause 10 s. 23, the effect of which is that the potentJal
value of the land, for example as a building site, is to be !snored: and (c)
the prcviso to s. 312(1) of the Adhiniyam (corresponding to s. 18 of tho Land
Accinisitlon Act) under which no claim shall be entertained by the Tribunal
unless the claimant has dcpoaited in Court, a sum not exceedlna R1. 7,000/· u
fixed by the Tribunal as security for coets.
The High Court dismissed the petition,
F
Allowin11 the appeal to this Court,
G
H
HELD : Whenever land I• compulsorily acquired for the Mahapallka-bo
it for tho purpoae of achomo ·or for any other r,urpoa.-the aoqulrhl11 11.utborlly
Is the Government. The fact that. where land a acquired for a Scll.01111 QQtdng
less than Rs. 10 laea, the prior permi1Sion of the State ii not roqulrod makes
no difference. The caption Of para 6 of Schedule n to tbo Adhlnlyam with its
contents shows that the land has first to be acquired by the Collector for tho
Government and thereafter it iS transferred to the · Mahapalika by the Oovem~
ment on payment of ·any further costs.
Further, 1. 16 of the Land Acquisition
Act, which is not modified by the Adhlniyam, provldas that where tho Colloc·
tor mokes his award, he may take possession of the land which thereupon
vests absolutelv in the Government.
[73601
But the Government can acquire land either under the unmodified Land
Acquisition Act or as 01odilied by the Adhiniyam. In the first case, the land
owner wotlld be entitled to better compensation, Including U% solatlum and
tho potential value of the land: and there will be no lmpodlment to ap~roach·
ing the Court under 1, 18 of the Land Acquisition Act. If he Is disaatllfied with
tho Collector'• award. In the second case, the landowner would be under
the disablll\les envlsaaed by the modiflcation1 lntroducld by tho Adhlnlyam.
732
SUPREME COURT REPORTS
[1974) 2 S.C.R,
Therefore, the impugned provi.s_ions enable the Government to discriminate and
A
could not be justified as 1easonable classification under any of the well·known
tests.
f736Fl
.1Vaf.'illr !111.ruO\'enient Trust and another v. Vithaf Rao and Ors., ll973]1
s.c.c:_ son. followed.
But the proviso added· to s. 23(2) was deleted by the U.P. Amendment
Act 23 of 1961.
Since the

## Text

A
B
c
0
E
OM PARKASH AND ANOTHER
P.
STATE OF U.P. AND ORS.
December 14, 1973
731
(D. G. PALEKAR, V. R. KRISHNA !YER AND R. S. SARKARIA, 11.]
, U.P. Nagar Mahapalika Adldn/v'am 1959, ss. 365(4), 372(1) and 511Modifications introduced in. ss. 18 and 23 of the Land Acquisition A.ct-Validity
of-Starting point of the S·year period mentioned in 1. 365(4).
Under s. 42 of the U.P. Town Improvement Act, 1919, a bowing scheme~
which included the appellants' property, was published, and notice under s. 9
of the Land Acquisition Act, 1894, was issued by the Collector to the appel ..
!ants. The 1919-Act. having been repealed by the U.P.
Nagar Mabapalika
Adbiniyam, 1959, the Improvement Trust was supe,,.dod by the Mabapalika
which took further stepe for the implementation ,of the scheme. The Collector
gave his award, took possession. of the appellants' property and delivered It to
the Mahaualika. The . aPJ)ellants did not accept the award
and applied for
a reference under s. 18 of the Land Acquisition Act. The matter waa referred to the Tribunal under s. 372 of the Adhiniyani and the Tribunal, under
the proviso to the section, asked the appellants to d~posit Rs. 900/- as security
for costs.
In a writ petition in the High Court, the appellants challenged the consti·
tutionality of. certain provisions, whereby u. 18 and 23 of the Land· Acquisition Act were modified.
The_ modifications were (a) the addition of a proviso
to s. 23(2) of the Land Acquisition Act, the effects of which is that the IS%
solatium over the value assessed which is awarded when land is a~
by
the Government under the tand Acquisition Act, will n.ot be &dm11&ible (f
the land is acquired for the pqll'osc of a ,sebemc un'der the Adhiniyam; (b)
the addition of a new clause 10 s. 23, the effect of which is that the potentJal
value of the land, for example as a building site, is to be !snored: and (c)
the prcviso to s. 312(1) of the Adhiniyam (corresponding to s. 18 of tho Land
Accinisitlon Act) under which no claim shall be entertained by the Tribunal
unless the claimant has dcpoaited in Court, a sum not exceedlna R1. 7,000/· u
fixed by the Tribunal as security for coets.
The High Court dismissed the petition,
F
Allowin11 the appeal to this Court,
G
H
HELD : Whenever land I• compulsorily acquired for the Mahapallka-bo
it for tho purpoae of achomo ·or for any other r,urpoa.-the aoqulrhl11 11.utborlly
Is the Government. The fact that. where land a acquired for a Scll.01111 QQtdng
less than Rs. 10 laea, the prior permi1Sion of the State ii not roqulrod makes
no difference. The caption Of para 6 of Schedule n to tbo Adhlnlyam with its
contents shows that the land has first to be acquired by the Collector for tho
Government and thereafter it iS transferred to the · Mahapalika by the Oovem~
ment on payment of ·any further costs.
Further, 1. 16 of the Land Acquisition
Act, which is not modified by the Adhlniyam, provldas that where tho Colloc·
tor mokes his award, he may take possession of the land which thereupon
vests absolutelv in the Government.
[73601
But the Government can acquire land either under the unmodified Land
Acquisition Act or as 01odilied by the Adhiniyam. In the first case, the land
owner wotlld be entitled to better compensation, Including U% solatlum and
tho potential value of the land: and there will be no lmpodlment to ap~roach·
ing the Court under 1, 18 of the Land Acquisition Act. If he Is disaatllfied with
tho Collector'• award. In the second case, the landowner would be under
the disablll\les envlsaaed by the modiflcation1 lntroducld by tho Adhlnlyam.
732
SUPREME COURT REPORTS
[1974) 2 S.C.R,
Therefore, the impugned provi.s_ions enable the Government to discriminate and
A
could not be justified as 1easonable classification under any of the well·known
tests.
f736Fl
.1Vaf.'illr !111.ruO\'enient Trust and another v. Vithaf Rao and Ors., ll973]1
s.c.c:_ son. followed.
But the proviso added· to s. 23(2) was deleted by the U.P. Amendment
Act 23 of 1961.
Since the question· of compensation to the appellants is not
past an1 closed, but pending before the Tribunal, the Tribunal will have to
take cognizance of the repeal and, proceed as if the proviso never existed.
The repeal is final and unconditional and there is nothing in the repealing Act
which saves pending reference from its operation. The effect of the repeal is to
remove the disability to receiving the 15% solatium; but the other two disabilities. still
s.nbsi~t. r737H-738Bl
(2) Section 365(4) of the Adhiniyam peremptorily requires a scheme to be
completed upto the ·date of the award within a period of 5 years. -The words
'~in so far as it is not inconsistent with the provisions of this Act'' in s. S77(a)
of the Adhiniyam show that s. 365(4) applies to the scheme in the instant
case.
Otherwise, it would lead to the result that fresh schemes under the
Adhiniyam must be completed with the time-limit, while older schemes under
the repealed Act could be left pending indefinitely.
It could not however be contended by the appellants that the scheme in
the instant case was not so completed within the requisite time and that therefore it has come to an end.
[73901 ·
Reading cl. (a) of s. 577 along with els. (b) and (c) and giving it a reasonable meaning with the aid of the legal fiction implicit in thoee clauses, the
scheme in the in!tant case, though notified under s. 42 of the repealed Act,
would In view o! the deeming provision In s. 577(b) be deemed to have been
notified under the Adhinlyam, on the date on which the Adhiniyam came into
force; nnd the 5-year period 1peclfted In 1. 565(4) would commence from that
date. The Collector'• award being within 5 yean !rom that date must
be
deemed to be within the pmcrlbed time limit. [739H1
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2413 of 1968.
From the judgmeh! and decree dated the 19th March 1968 of
Allahabad High Court in Writ Petition No. 4473 of 1964.
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S. K. Mehta, K. R. Nagaraja and M. Qamaruddin, for the appel,
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Ian ts.
G. N. Dikshit, Ravinder Bana and 0. P. Rana, for respondent No. 1.
V. N. Ganpule and P. C. Kapur, for respondent No. 2.
The Judgment of the Court was delivered by
SARKARIA, J .-This appeal by certificate against the judgment,
dated March 19, 1968 of the Allahabad High Court raises questions
about the constitutionality of certain modifications made in the Indian
Land Acquisition Act, 1894 by the U. P. Nagar Mahapalika Adhini·
yam, 1959 and the effect of the repeal of the U.P. Town Improvement
Act, 1919 on the Mumfordganj Housing Scheme which had been
notified under the repealed Act.
Under s. 42 of the U. P. Town Improvement Act (Act 8 of 1919),
a scheme known as Mumfordganj Housing Scheme was published on
G
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QM PARKASH v. U.P. STATE (Sarkaria, J.)
733.
behalf of the Improvement Trust, Allahabad in the U. P. Government
Gazette, dated June 17, 1944. Appellants' property known as Hanu·
man Bagh, bearing Municipal No. 25/13, Katra Road, Allilhabad, was
also inc1uded in lne area covered by this scheme.
On September 6, 1955, notice under s. 9 of the Land Acquisition
Act, 1894, was issued by the Collector to the appellants. Even before
the appellants- had filed their claim, and before the Collector could make
hill award under s. 11 of the Land Acquisition Act, 1894, U.P. Town
Improvement Trust Act (No. 8 of.1918) was repealed and replaced·
by U.P. Nagar Mahapalika Adhiniyam, 1959 (for short, the Adhini·
yam) which came into force on February l, 1960. As a result of this
change in law, the Town Improvement Trust was superseded by the
Nagar Mahapalika, Allahabad; which took further steps for implementation of the scheme in accordance with the provisions of the Adhiniyam.
.
' Appellants filed their claim to compensation before the Collector
who gave his award on April 13, 196L P01session of the disputed
property. was taken and delivered by the Collector to the Mahapalika
on November 16, 1961.
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Appellants did not accept the award, and on, their application . a
reference under s.18 of the Land Acquisition Act, was made by the
Collector to the Cour.t on January 3, 1962. The Court directed t)le
appellants to deposit' Rs. 1500 I· as. security for costs. The time for
depo&iting security was repeatedly extended and the appellants deposi··
ted the security in instalments. Subsequently, the Court returned the ,
.reference to the Collector and refunded the security, for the reason that
the reference was addressed to the District Judge and not to the Tribunal. The. Collector, again made the reference to the Tribunal, which,
purporting to act under 1.3 72, Proviso, asked the appellants to deposit
11
Rs. 900/ • as security for costs.
·
· Durina the pendency of tlie reference in the District Court, the ap·
pellants filed writ petition No. 4473 of 1964 under Article 226 of 'the.
Constitution in the Hi$h Court of Allahabad, challenging. the constitutionality of the provisions of ss.372, 376 and Schedule II of the Adhi·
niyam whereby s. 23 of the Land Acquisition Act, 1894 had been modified, on !he ground that .those mooifications were violative of Article
14 o( the Constitution. They also assailed the validity of the scheme
on the ground that it had not been completed within the time-limit
specified in a.365(4) of the Adhiniyam. The writ petition was opposed
by the State .Government and the Mahapalika (Respondents 1 and 2
~spectively ) ..
. The Division Bench of the High Court negatived all the contentions
H
canvassed before it and dismissed the petition with costs. The' Fench,
however; granted a certificate of fitness of appeal to this Court under
Article 133(1)(a) of the Constitution. That is how this appeal has
come before us.
734
SUPREME COURT REPORTS
[1974] 2 S.C.R,
Section 3 7 6 of the Adhiniyam provides :
"For the purpose of the acquisition of land for tTie"'.Maha·
,palika under the Land. Acquisition
Act,
1894-whether
under this Chapter or any other Chapter of this Ac~
(a) the said Act shall be subject to the modifications speciA
fied in the Schedule to this Act;
B
(b)
"
The modifications of the Land Acquisition Act, the validity of
which is in question are :
(i) The Proviso added (vide para 10 of Schedule II) to
c
s.23 (2) of the Land Acquisition Act, namely :
Provided that this sub-section shall not apply to any land
acquired under Chapter XI.V of the Uttar Pradesh Nagar
Mahapalika Adhiniyam, 1959, except-
(a) land acquired under sub-section
(4) of s. 348 of
0
that Adhiniyam, and
(b) buildings in the actual occupation of the owner or occupied free of rent by a relative of the owner, and land appurtenant thereto, and
(c) gardens not let to tenants but used by the owners as
E
a place of resort."
The effe>t of the addition of this Proviso to s. 23(2) of the Land
Acquisition Act is that 15% solatium over the value assessed which is
awarded when land is compulsorily acquired by the Government under
the Land Acquisition Act, will not be admissible if land is so acquired
for the purpose of a sclieme under Chapter XIV of the Adhiniyam.
F
(ii) The new clause added (vide para 10(3) of Schedule II)
a_t the end of s. 23. Land Acquisition Act, namely :-
"(2) for the purpose of clause first of sub-section (1) of this
section-
(a) the market-value of the land shall be the market value
according to the use to wliich the land was put at, the
date with reference to which the market-value is to
be determined under that clause ........ .
(b) to (g)
"
The effect of this modification is that the potential value of the land
e.g. as a building site, is to be ignored.
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(ill)
OM PA!UWIH v. U.P. STATE (Sarkar~ I.)
s. 3 72 ( 1) provides that "the Tribuul constituted undcc
the A,dhiniyam shall perform the functions of the Court
with reference to all acquisition of land for the Maha~·
lika for the ~
of this Act under the Land acqws1uon Act, 189-4 .
735
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Tite validity of the Proviso to this sub-section is in question. The
Proviso reads :
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"Provided that no such claim shall be entertained by the
Trii.unal, unless the claimant has depoeited in Court such sum,
aot exceedina Rs. 7,000/· as the Tribunal may fix, as security, for the costs, which in the event of the claimants' failure
.. y be awarded aaafilst hi•."
·
Mr. Mehta, learned Counsel for the appellant, coptends that the
modifteat.ion8 (i), (ii) and (iii) are covered and hit by the ratio of
thio Court'8 decision in Natpur Improvement Tru.rt and 111101/ter v.
Vlthol Rao and ors.(')
On. the other hand, M/s. Dikshit and Ganpule, lenrned Counsel
appearina for the State and the Mahapalika, respect.ively have tried to
distinguish Nagpur Improvement T1U$t's case on the ground that under
the Naapur Improvement Trust Act, compulsory· acquisition of land
for all purposes of the Trusi bad to be made by tho GoVenunent, whereas under the Adainiyam the Mahapalika has plenary powers to acquire ,
land for the piirpose of a scheme under Chapter XIV of the Adbiniyam.
Stress has been laid on the fact that no prior permission of the State
Government is required for the issue of notificat.ions under s. 357 and
363 of the Adhiniyam for compulsory acquisition of land for a ~heme
costing less than ten lakhs farmed under Cliaprer 'XIV of the Adhiniyam.
FW'lher acquisition proceedings-it is argued-for determina·
tion of compensation aro taken by the Collector, only as an agent ot the
Mahapalika because after making the award, the Collector is bound
under s. 17-A (added by para 6 in Schedule II) to the Land Acquisition Act) to make over the land acquired to the Mabapalika. It is further conceded that the modifications to the Land Acquisition Act in
question in the Nagpur lmprovtment Trust case (supra) were identical
with the modifications (i) and (ii) above, made by s. 376 read with
Schedule II of the Adhiniyam.
G
Thus the first question for decision is : who is the acquiring authority
if the land is compulsorily acquired for the purpose of a Scheme under
Chapter XIV or for any other purpose of the Mahapalika under s. 130
of the .Adhiniyam? The answer must be obviously be that in either case
it is the State Government who acquires the land. The mere fact that
where the land is to be conl.pulsorily acquired for a Scheme costing less
thnn Rupees 10/- lakhs under Chapter XIV, no prior permission of the
H
State is required for issuing the necessary notifications under ss. 35'7
and 353 of the Adhiniyam (which take the place of notifications under
'" 4 and 6 of the Land Acquisition Act), does not mean that in such
(I) ft973J sec soo.
7-L 748SuP.Cl/74
731
BUPllME COUlT REPORTS
[1974] 2 s.c.R.
CllCi, acquiriDa authority is the Mahapalika lllld not the State Gov·
A
ernmcnt. The. matter has been put beyond doubt by para 6 of Schedule
U, wlllch ft&ds :
"6. Transfer of Land to Mahapalika-After section 17
of the Land Acquisition Act, the following shall be deemed to
be inserted, namely :
17-A. In every case referred to in sectoin 16 or section
· 17, the Collector shall, upon payment of the cost of acquisition, made over cbarae of the. land to the Mukbaya Nagar
Adbikari; and the land shall tb«eupon vest in the MabaJ>Blika.
subject to the liability of the Mahapalika to pay any lurtber
COltl which may be mcurred on account of its acqu1Sition."
The caption of this para read along with its contents sbowa that the
land bu first to be acquired by the Collector for the Government and
tlra•after it is transfe"ed by the Government to the Mabapalika, only
on payment of its coats. In this connection It is Important to recall the
pnmaiona of s. 16 of the Land A!:'l.uisition Act, 1894, which has not
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m any way been modilied by the Adbinlya.n. According tO s. 16 "wjtcn
tho Collector bas made bis award under s. 11, be may tako posseuion
D
of the land which shall thereupon Vest absolutely In the GOvernttie11t
froe from all encumbrances." Thus,. it is clear beyond all manner of
doubt that whenever land is to be compulsorily acquired for the Mahapallk.-be it for a purpose of the Scheme under ChapterXIV or for
any other purpose under s. 130-tbe acquiring authority is the GOvernmcat. There is no material difference between the Impugned provisions
of the Adbiniyam and those which were in question before this Court i•
Na1pMT Improvement Trust's case. (supra). The ratio of the aforesaid
case therefore will apply fully to the impugned provisions mentioned at
(i), (ii) aad (Iii).
·
E
Thero can be no dispute that the Government can acquire land
foe a public purpose including that of the Mabapalika or other local
body, either under the unmodified Land Acquisition Act, 1894, or
F ·
under that Act· as modified by the Adhiniyam. If it chooses the first
coune, then the land-owners concerned will be entitled to better. com·
pensation, including 1S% solatium; the potential value of the land etc;
nor will there be anJh!pcdiJnent or hurdle-such as that enacted by
s.372(1) of the A · 'yam-in ~ way of such land-owners, dissatisfied by the ·Collector's award, to approach the Court under s.18
of that Act. If the Government, for the same purpose, resorts to the
G
Land Acquisition Act as modified by tho Adhinlyam, the land-<>wner(s)
coni:erned will sufier from all the disabilities or restrictions envisaged
by tho modifications. In this way, the impugned legislation enables the
Government to discriminate in the matter of acquiring land betweeri
similarly situated land-owners.
The impugned modifications do not satisfy the well known tests of
H
reasonable classification which is permissible for the purpose of legislation. It is not founded on arty mtelligible differentia, n6r has this differenti11 11 rational nexus With the object sought to be achieved, namely,
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OM PARK-•SH V. U.P. STATE (Sarkaria, /.)
737
compulsory BC4uisition of land for a public purpo9C. It is not necessary to dilate further on this point as this matter stands concluded by
this Court's decision in Nagpur Improvement Trust's case by the ratio
of which we are bound. It will be sufficient to close the discussion
by extracting here what Sikri C.J., speaking for the Court in Nagpur
Improvement Trust's case said:
"Can the Legislature say that for a hospital land will be
acquired at 50% of the market value, for a school at 60%
of the value and for a Gonmment building at 70% of the
market value ? All three objects are public purposes and. as
far as the owner is concerned it does not matter to him whe·
ther it is one public purpose or the other. Article'14 confers an
individual right and in order to justify a classification there
should be something which justifies a diJferent treatment to this
individual right. It seems to us that ordinarily a classification
based on the public purpose is not permissible under Article
1'4 for the purpose of determining compensation. The position is difierent when the owner of the land himself is the
recipient of benefits from an improvement scheme, and tho
benefit to him is taken into consideration in fixing compemation. Can classifications be made on the basis of authority
acquiring the land ? In other words can differe11t principles ol
compensation be laid if the land is BC4uired for or by an Im·
provement Trust or Municipal Corporation or the Government? It seems to us that the an.swer is in the negative
because as far as the owner is concerned it does not matter
to him whether the land is acquired by one authority or
the other.
It is equally immaterial whether it is one Acquisition
Act or another Acquisition Act under which the land is
acquired. If the existence of two Acts could enable the
State to give one owner different treatment from another
equally situated the owner who is discriminated against,
can claim the protection of Article 14."
·
It may, however, be noted that the impugned modification (iii)
that is, the Proviso added to s. 23(2) was deleted by the U.P. Amendment A.ct 23 of 196! which came into force on September 7, 1961.
Mr. Mehta contends that since the Collector'~ award, in the present case, was made when this Proviso was in 'i~rce; the appellants
ivill continue to suffer under the liability that bl#:! arisen under the
Proviso despite its deletion, even in proceedings before the Tribunal.
On the other hand, learned Counsel for the respondents maintain
that the effect of the repeal of this Proviso is to obliterate it alto'
gether as if it never kad existed.
To us, the appremension expressed by Mr. Mehta appears to-be
unfounded.
The Proviso in question created only a disability. The effect of
the repeal is to remove that disability or restriction on the landowners'
right to receive 15 per cent solatium under s. 23(2) of the Land
Acquisition Act. Further, the assessment of compensation is not a
738
SUPREME COURT REPORTS.
(1974] 2 s;c R.
matter past and closed.
It is still pendins in reference before the
Tribunal: The repeal is final and conditional. There is nothing in
the repealing Act which saves such pending references from its operation.
The Tribunal, therefore, will have to· take cognizance of the
repeal and for the purpose of disposing of the reference, treat the
Proviso as having never existed.
Thus, the validity or otherwise of
modification (i) has become, more or less, academic.
The last. contention of Mr. Mehta is that by virtue of s. 577 of
th" Adhiniyam, the provisions of s. 365(4) which ~eremptorily requires· a Scheme to be completed up to the date of the award, within
a period of five years, had become applicable to the Mumfordganj
Hcusing Scheme, also. Since this Scheme-proceeds the argumenthas not been .completed within the requisite time-limit it has come
to an end by 9pcration of law, with consequent release of the appclJa11t>' proper!)'.
;,rr. Dikshit contends that s. 365( 4) cannot apply to this Scheme,
b~c;1use. the U.P. Town Improvement Act, 1919 under which it was
initiated had· no such provision. The point pressed into argument is
that so tong as this Scheme is not superseded by any notification or
orucr·undcr clau.se (a) to s. 577, it will continue to be in force without any time lirilit.
Mr_ Ganpplc, appearing· for the Mahapalika, has, in the alternative chosen to steer a middle course.
His stand is that even if s.
365(4), applies to this Scheme, then also the time limit of five years
will start running from the date of the ccmmcncemcnt of the Adhi-
, ni)'am i.e. February 1, 1960.
In order to appreciate the contentions canvassed, it will be protit"ble to set out the material parts of s. 365 ( 4) and s. 577. as they
stood at the relevant time hereunder :
"365( !)
(2)
(3);;; ....
"
..
( 4 ).'~I (!lcquisition of land and interest
in land for
an~·· ilnprovement scheme
authorised under
this
Ch pter shall be completed at least upto the stage
of
aking of awards w;thin a period of five years
froth the date of the notification
of the .scheme
under section
363 and anv land
in respect of
\Vhich the acquisition is nOt so coinpk:teU and
the owner and occupier thereof shall cease to be
subject to any liabilities under this Chapter :
Provided that the State Government may in any particular case before the expiry of such period and for rc.asons
to b.: recorded in v;riting cxtcn,~ tllc !'Criod by one year . . ,~
A
c
D
r.
F
G
H
B
c
D
E
F
G
)
H
OM PAllXASH v. U.P. STATB (Sarkaria, J.)
Section 577 :
"Continuation of appointments, taxes, buJgct, estimate,
assessment etc.-Savc as expressly provided by the provisions of this Chapter or by a notification issued under sec~
tion 579-
(a) any appolntment, delegation,
notification,
notice,
tax, order, direction, scheme, licence,
permission.
registration, rule, bye-law, regulation, forni madr,
issued, imposed or granted under ...... the U.P.
Town Improvement Act, _1919 . , ....•... is so far
as it is not inconsistent with the provisions of this
Act continue in force until it is superseded by any
appointment,
delegation,
notification,
noti«~ tax,
order, direction, schc1nc, licence, permission. regist~
ration, rule, bye-law, or form made, issued, imposed
or granted under this Act or any other law as aforesaid, as the case 1nny be;
(b) any notice or notification or s:inction of any improvement scheme for the area included in the City issued
under the U.P. Town Improvement Act, 1919 ....
. . . . shall be deemed to have been issued under this
Act, and all further proceedings in furtherance of
such scheme may be taken ~ccordingly;
(c) all proceedings for acquisition of land whether ia
pursuance of any scheme of improvement or otherwise initiated under the U.P. Town .Improvement
Act, 1919 ............ may be continued as if they
had been initiated under this Act;
(d) to (g)
...
. .
739
The interpretation suggested by Mr. Dikshit is possible, only if
we read clause (a) of s. 577 in isolation and do not give full effect
to the words "in so far as it is not inconsistent with the provisions of
this Act" occurring in that clause. Such an interpre~ation. we think,
with respect, will lead to manifest contradiction and absurdity. It
will mean that while fresh Schemes initiated under the Adhiniyam
must be completed with speed within the prescribed time-limit, far
older schemes commenced under the repealed Act,-wbere the need
for expeditious disposal is the greatest-can continue indefinitely for
.any length of time.
Thi~ whimsical construction can be avoided if
we read clause (a) along with clauses (b) and (c) of the s"me s,,;:tion,
and give it r. reasonable meaning with the aid of the legal fictic)1 int·
plicit in those clauses.
Thus construed, the Scheme in the instJ!lt
case, though notified under s. 42 of the repealed Act in 1944. \l'onld.
in view of the deeming provision in clause (b) of s. 577, be d•-:mcd
to have been notified under' s. 363 of tl1e Adhiniyam, on the date on
which the Adhiniyam came . .into force i.e. on February 1, 1960. The
five-year period specified in s. 365 ( 4) therefore, will be deem~d to
740
SUPREME COURT REPORTS
[1974] 2 s.c.R.
have commenced from February J, 1960.
The Collector had made
A
his award on April 13, 1961, much within the time-limit prescribed by
s. 365(4).
Jn the above view of the matter, we negative the contention of
Mr. Mehta.
For the foregoing reasons, we hold that the impu~11cd modifica·
lions (i), .(ii) and (iii) suffer from the vice of discrimination and a'
such, contravene the guarantee of equal protection of law~ enshrined
in Article 14 of the Constitution.
Jn the result, we partly allow this appeal and quash the impugned
modifications of the Land Acquisition Act, 1894. The appellant shall
be entitled to proportionate costs from the respondents. The case
heing very old the. Tribunal shall do well to dispose of the reference
pending before it, with utmost expedition.
V.P.S.
Appeal partly allowed.
B
c