NDLI: U.p. Avas Evam Vikas Parishad Vs. Jainul Islam and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1894: Section 23 U.P. Avas Evem Vikas Parishad Adhiniyam and Acquisition Act 1965: Section 55
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Land Acquisition Act, 1894 (1 of 1894) U.p. Panchayat Raj Act, 1947 (26 of 1947)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	U.P. Avas Evem Vikas Parishad Adhiniyam, 1965-Section 55- Acquisition of land for executing housing scheme under the Adhiniyam- Reference to land Acquisition Act, 1894 in section 55 of the Adhiniyam-Applicability of amendments introduced in the land Acquisition Act, 1894 relating to determination and payment of compensation under Section 23 (1-A), 23(2) and 28 as amended by 1894 Act-Held, legislature intended to apply amendments introduced to acquisition Act, 1894-Section 23 (1-A), 23(2) and 28. Acquisition of land-Market Value-Determination-Direction about deduction of one third of price towards cost of development for housing scheme-Held, not illegal interference with the determination of market value uncalled for-land Acquisition Act, 1894-Section 23. Interpretation of statutes-legislation by incorporation and by reference-Effect of-In case of legislation by incorporation, repeal or amendment does not effect operation of the incorporation statute-Determination of whether legislation is by incorporation or reference depends upon the language used in the incorporating statute.Housing scheme was framed by the appellant under the provisions of the Uttar Pradesh Avas Evem Vikas Parishad Adhiniyam, 1965. The notification was issued to the acquired under section 55 of the Adhiniyam. The provisions of Land Acquisition Act as modified by the schedule to the Adhiniyam were made applicable to acquisition of land for the purpose of the Adhiniyam. Therefore, amendments were introduced in the land Acquisition Act, 1894 relating to determination and payment of compensation under Section 23(1-A), 23(2) and 28 as amended by 1984 Act. As a result of the amendments in Section 23(2) and 28 the solatium payable under Section 23(2) has been enhanced from 15% to 30% and the interest payable under Section 28 has been enhanced from 6% to 9% and 15%. The land Acquisition Officer determined the compensation to be paid to the respondent The respondent claiming higher compensation made reference under Section 18 of the claims. The civil court determined the market value oft.he land at Rs. 150 per sq. yards but made a deduction of 10% out of it since the land acquired constituted a large area. Aggrieved by the order the appellant and the State of Uttar Pradesh jointly filed appeals before the High Court. Some of the respondents-land owners challenged the deduction of 10% out of the market value of the land. The High Court partly allowing the appeal assessed the market value of the land at Rs. 110 per sq. yard and directed that deduction on account of the large area of the land should be one-third of the sum of Rs. 110. The High Court held that the amendments introduced in the Land Acquisition Act by the 1984 Act are applicable to acquisition of land for the purposes of the Adhiniyam and the respondents are entitled to all statutory benefits under the Land Acquisition Act as amended by the 1984 Act.In this batch of civil appeals and Special Leave Petitions before this Court the appellate challenged the applicability of the provisions contained in the Land Acquisition (Amendment) Act, 1984 to acquisition of land for executing the housing scheme framed by the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. In the other batch of civil appeals and writ petitions the respondents challenged the validity of provisions contained in L.A. Act, 1894 as applicable in the matter of acquisition of Land. The appellant contended that the provisions of the L.A. Act, as modified by the Schedule to the Adhjniyam, have been incorporated into the Adhiniyam and as a consequence of such incorporation the provisions of the L.A. Act as modified must be read as a part of the Adhiniyam itself and any amendment made in the L.A. Act after the enactment of the Adhiniyam would not, ipso facto, apply so as to have the effect of modifying those provisions contained in the Adhiniyam and, therefore, the amendments introduced the L.A. Act by the 1984 Act would not apply to an acquisition made for the purposes of the Adhiniyam on the basis of the provisions of L.A. Act as modified by the Adhiniyam. The respondent submitted that the amendments introduced in the L.A. Act by the 1984 Act are applicable to an acquisition for the purposes of the Adhiniyam.
Judge	Hon'ble Mr. Justice S.C. Agrawal
Neutral Citation	1998 INSC 31
Petitioner	U.p. Avas Evam Vikas Parishad
Respondent	Jainul Islam And Anr.
SCR	[1998] 1 S.C.R. 254
Judgement Date	1998-01-21
Case Number	6343

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