Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966 Maharashtra Regional and Town Planning Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Regional and Town Planning Act, 1966 : Compensation for land acquired-Determination of-Absence of express provision-Can be determined by applying mutatis mutandis the principles laid down in Section 23 of the Land Acquisition Act, 1894.Section 125-Effect of amendment-Notification issued there-under-Did not lapse after expiry of three years--Fresh declaration made under Section 126(4) valid.Section 126(2)-Effect of amendment-Applicability of-Applied to pending as well as later proceedings.Land Acquisition Act, 1894 : Section 23-Acquisition of land-Compensation-Determination of-Substantive provision not procedural.The Maharashtra Regional & Town Planning Act; 1966 was amended and a notification under Section 125 of the Act was published. The land could be acquired by agreement with the owner, or making an application to the State Government for acquisition under Land Acquisition Act, 1894, in which event by operation of the proviso to sub-s.(2) s.126, the declaration has to be made within three years from the date or the publication of notification under s. 125. The notification under s.125 is treated as one under s.4(1) and the declaration under s.2 of s.126 as declaration under s.6 of the Central Act. The failure to have the declaration published within three years entails with the prohibition to take further action in acquiring the land.The respondent's land was acquired subsequent to the amendment of the Act. The respondent filed a writ petition in the High Court challenging the said acquisition. The High Court allowed the writ petition on the ground that the amendment would apply only to the pending proceedings and not to later proceedings. Aggrieved by the High Court's judgment the appellant preferred the present appeal. On behalf of the respondent it was contended that since acquisition of the land was compulsory expropriation, restrictive interpretation should be given; that though there was no express provision that the notification published under s.125 would lapse, by operation of s.11A of the Land Acquisition Act, 1894 introduced by the L.A. Amendment Act 68 of 1984 award had to be made within two years from the date of declaration published under s.6 of the Central Act i.e. under s. 126(2) of the Act; that this period of limitation must be deemed to have been incorporated in the Act; that the only course open to the State was to issue the notification under s. 125 aftresh, if law permitted and it should not resort to the publication of the declaration under sub-s. (4) of s. 126; |
Judge | N/A |
Neutral Citation | 1995 INSC 127 |
Petitioner | State Of Maharashtra And Anr. |
Respondent | Sant Joginder Singh Kishan Singh And Ors. |
SCR | [1995] 2 S.C.R. 242 |
Judgement Date | 1995-02-22 |
Case Number | 4925 |
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