Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: Section 11-A Karnataka Acquisition of Land for grant of House Sites Act 1972: Sections 3(1) Land Acquisition Act 3(4) & 4 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka Acquisition of Lands for Grant of House Sites Act, 1972 (18 of 1973) Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Karnataka Acquisition of Land for grant of House Sites Act, 1972/Land Acquisition Act, 1894; Sections 3(1), 3(4) & 4/Section 11-A-Notification dt. 19.12.1983-Acquisition of land-No award passed even after expiry of stipulated period of two years-Validity of-Held : Entire proceedings Including the notifications are declared as lapsed. Land Acquisition Act, 1894 : Section 11-A-Applicability of in respect of Karnataka Acquisition of Land for grant of House Sites Act, 1972. A notification dt. 19.12.83 under sec. 3(1) of the Karnataka Acquisition of Land for grant of House Sites Act, 1972 was published in the Gazette for acquisition of certain lands. Notification under sec. 3(4) of the Act was also published in the Gazette. The appellants-tenants of the land to be acquired, had been conferred occupancy rights by the Land Tribunal. The appellants filed writ petitions before the High Court challenging the Acquisition Order and stay of dispossession was granted to them. Subsequently the said writ petitions were dismissed. Appeals were filed before the Division Bench of the High Court. The case of the appellants was that Sec. 11-A of the Land Acquisition Act, 1894 (Central Act) was applicable to the proceedings for land acquisition under the Karnataka Act, 1972 and as no award has been passed even after expiry of two years period specified in Section 11-A, the proceedings must be deemed to have been lapsed. The Division Bench of the High Court relying upon its earlier judgment in Ivswarappa & Another* held that sec. 11-A of the Central Act could not be read into the Karnataka Act, 1972 even if the award was not passed within the period of 2 years as stipulated in sec. 11-A. Hence the present appeal. The contentions of the appellants inter alia was that sec. 5 of the Karnataka Act, 1972 states that the Central Act, 1894 shall mutatis mutandis, apply in respect of enquiry, award, reference to Tribunal, the apportionment of amount and the payment of amount of compensation and therefore, the subsequent amendments in 1984 to the Central Act, 1894 have to be read into the Karnataka Act, 1972.The contentions of the respondents were that the Karnataka Act being an Act of 1972, the applicability of the provisions of the Central Act, 1894 as modified by the Land Acquisition Act, 1961 is restricted to what was specifically stated in the body of section 5 of the Karnataka Act, 1972 and, therefore, amendments to the Central Act of 1894 subsequent to 1961, such as Section 11-A introduced in 1984 are not attracted to the Karnataka Act, 1972. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1998 INSC 107 |
Petitioner | Mariyappa And Ors. |
Respondent | State Of Karnataka And Ors. |
SCR | [1998] 1 S.C.R. 988 |
Judgement Date | 1998-02-19 |
Case Number | 972 |
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